C« I. a.: (iw/f^ Racial Harassment in Vermont Public Schools Vermont Advisory Committee to the United States Commission on Civfi Rights SOUTHWESTERN UNIV LAW LIBRARY JAN 2 6 2000 GOVT DOCUMENTS 508 February 1999 This report of the Vermont Advisory Committee to the United States Commission on Civil Rights was prepared for the information and consideration of the Commission. Statements and viewpoints in this report should not be attributed to the Commission, but only to the participants at the community forum, other individuals or documents cited, or the Advisory Committee. The United States Commission on Civil Rights The United States Commission on Civil Rights, first created by the Civil Rights Act of 1957 and reestabhshed by the United States Commission on Civil Rights Act of 19S3 i? an independent, bipartisan agenc>- of the Federal Government. By the terms of the 1983 act. as amended by the Civil Rights Commission Amendments Act of 1994. the Commission is charged with the following duties pertaining to discnmination or denials of the equal protecuon of the laws based on race, color, religion, sex, age, disabilitj-. or nauonal origin, or in the administration of justice: investigation of individual discriminatory denials of the nght to vote: study and coUecuon of information relating to discnmination or denials of the equal protection of the law: appraisal of the laws and poliaes of the United States with respect to discrimination or denials of equal protection of the law; maintenance of a national clearinghouse for information respecting discrimination or denials of equal protection of the law: investigation of patterns or pracuces of fraud or discrimination in the conduct of Federal elections: and preparation and issuance of public service announcements and advertising campaigns to discourage discrimination or denials of equal protection of the law. The Commission is also required to submit reports to the President and the Congress at such times as the Commission, the Congress, or the President shall deem desirable. The State Advisory Committees An Advisory Committee to the United States Commission on Civil Rights has been established in each of the 50 States and the District of Columbia pursuant to aection 105(c) of the Civil Rights Act of 1957 £uid section 3(d) of the Civil Rights CommiBsion Amendments Act of 1994. The Advisory Committees are made up of responsible persons who serve without compensation. Their functions under their mandate from the Commission are to: advise the Commission of all relevant information concerning their respective States on matters within the jurisdiction of the Commission; advise the Commission on matters of mutual concern in the preparation of reports of the Commission to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public and private organizations, and public officials upon matters pertinent to inquiries conducted by the State Advisory Committee; initiate and forward advice and recommendations to the Commission upon matters in which the Commission shall request the assistance of the State Advisory Committee: and attend, as observers, any open hearing or conference that the Commission mav hold within the State. Racial Harassment in Vermont Public Schools Vermont Advisory Committee to the United States Commission on Civil Rights February 1999 This report of the Vermortt Advisory Committee to the United States Commission on Civil Rights was prepared for the infonvation and consideration of the Commission. Statements and viewpoints in this report should not be attributed to the Commission, but only to the participants at ttw community forum, other individuals or documents cited, or the Advisory Committee. Letter of Transmittal Vermont Advison- Committee to thf U.S. Commission on Ci\"il Right? Members of the Commission Mar>- Frances Berrj'. Chairperson Cruz Reynoso. Vice Chairperson Carl A. Anderson Yvonne Y. Lee Russell G. Redenbaugh Ruby G. Moy. Staff Director The Vermont Advisorj- Committee submits this report of its communitj' forum on racial harassment m Vermont pubhc schools held on November 4 and 5, 1997, in Burlington and Rutland. In 1996 the Advisorj- Committee learned that racial slurs and physical assaults were repeatedly directed at minority students in both elementary and secondary schools. The Committee also received allegations that some schools permitted a racially hostile environment to exist and, in some instances, encouraged school activities or employed curriculum materials that were derogatory to minority students. At its 2-day forum, the Committee sought to collect information regarding these and other incidents from State and Federal officials, school offiaals and teachers, community leaders, parents, and students. Thirty-six panehsts offered their views of racial harassment in the public schools. Many described the pubhc schools as unfnendly and hostile, a setting wherein racial slurs, epithets, and physical assaults occur. This environment leads minority students to experience fear in every day school activities and contributes to their general ostracism from the total school community. The Committee is deeply concerned for the safety and welfare of aU students, particularly minorities, who at times must confront these acts without assistance from school officials and State agenaes. The number of panehsts at the forum represents a small fraction of persons invited by the Advison," Committee to participate in the discussion. Despite the Advisory Committees substantial outreach efforts to State legislators, educational union representatives, and school administrators, the Advisory Committee noted the absence of many key figures m the educational community who could have contributed information to the Committee but chose not to. Their absence and apparent lack of interest m the problem, the Committee beheves, reflect a general indifference to the problem of racial harassment. Based on information gathered at the forum and followup research, the Committee concludes: • Racial harassment appears pervasive in and around the State's public schools. The elimination of this harassment is not a priority among school administrators, school boards, elected officials, and State agencies charged with dvil rights enforcement. In some instances, administrators and government leaders have denied the existence of the problem and do not acknowledge the need for improvements in overall race relations within the State. As the numbers of minority students increase, there will be a concurrent nse in the number of racial harassment madents that will not be adequately dealt with by school administrators and State ci\il rights enforcement agencies. • Coordinated leadership by elected officials, business leaders, and education officials i? needed to bring about improved race relations. • Existing State law is defiaent in addressing the problem of raaal harassment on a systemwide basis and does not grant the Vermont Department of Educauon direct oversight responsibility of supervisory unions and local school boards with regards to racial harassment issues. This greatly inhibits the department's ability to impose sanctions in the event particular boards fail to develop or implement antiharassment policies and procedures. • Staff shortages and limited resources available to the Vermont Department of Education render it difficult for the department to set the elimination of raaal harassment as a statewide priority, conduct statewide assessments of the effectiveness of local efforts to promote bias-free school environments, and offer training and technical expertise to schools. • The Vermont Human Rights Commission, the only State agency specifically empowered to investigate racial harassment incidents, does not have sufQdent resources to effectively address raaal harassment incidents once they are reported. When complaints are made to the agency, parents of minority students experience long delays between the time a complaint is filed and commission action, and are not informed of the status of their complaints. These undue delays have not only frustrated parents but continued to infhct psychological damage on students who daily confront harassment on school grounds. This report brings to the forefront an importauit, yet often neglected issue, and offers useful recommendations to State offiaals, school administrators, and avic organizations. We bebeve this report contributes to the Commission's efforts to monitor equal educational opportunity at the national level. The Committee has adopted its report in a recorded poll of all members by a vote of 13 to 0, no abstentions. Respectfully, Kimberly B. Cheney, Chairperson Vermont Advisory Committee Vermont Advisory Committee to the U.S. Commission on Civil Rights Mr. Kimberly B. Cheney, Esq. Chairperson Montpeber Dr. Wanda Arce-Quinones Milton Mr. M. Jerome Diamond, Esq. Montpeber Mrs. Pat Elmer St. AJbans Ms. Helen K. Fleeson Essex Junction Dr. Melanie Susan Gustafson Stowe Mr. Philip H. Hoff, Esq. Burbngton Dr. Charles E. Memusi Johnson Thetford Rabbi Noah Kitty, MAHL Brattleboro Mr. Hugo M. Martinez Cazon * Montpeber Mr. Eric Dale Sakai * Montpeber Ms. Karen F. Saudek Montpeber Mr. John Tucker Burlington Dr. Samuel B. Hand, who served on the Committee during the development of the project and the holding of the community forum, contributed significantly to the early draft report. John Wu also a former member of the Advisory Committee, partiapated in the development of the project concept. *Tbese members were appointed to the Advisory Committee in July 1998. Acknowledgments The Vermont Advisor\- Committee wishes to thank the staff of the Commission's Eastern Regional Office. The planning and holding of the community forum, report writing, and followup research were conducted by Marc D. Pentino, Esq., with essential support services provided by Linda Raufu. Ki-Taek Chun, director of the Eastern Regional Office, provided editorial assistance during all report writing stages and supervised the project. Dawn Sweet provided editorial assistance and prepared the report for pubbcation. The Committee gratefully acknowledges the contribution of Charles Johnson, who as project subcommittee chairperson, assisted staff in developing the project proposal. The Committee also wishes to thank Harvey Golubock, executive director, Vermont Human Rights Commission, and WiUiam Reedy and Karen L. Richards, legal counsel, Vermont Department of Education, for their suggestions during affected agency review. Contents 1. Introduction ■" The Vermont Advisor>' Committee >-"' 2. Presentations by Parents, Students, Teachers and Administrators and Community and Advocacy Group Representatives 5 Introduction >^ Parents and Students o Summary 30 Teachers. School Administrators, and Support Personnel 30 Summar>' 39 Commuruty Organizations, the University of Vermont, and the Vermont Department of Corrections 40 Summar>- 51 3. Overview of the Vermont Public School System and State Enforcement Agencies 52 Elementary and Secondary Public School Enrollment 52 Jurisdictional Boundaries — Overview of the Vermont Public School System 54 Vermont Equal Educational Opportunity Act of 1997 54 Vermont State Agencies and Their Role in Investigating Racial Harassment Incidents 55 Vermont Department of Education 56 Vermont Hviman Rights Commission: Investigation and Processing of Civil Rights Complaints 57 Incidents of Racial Harassment Reported 58 Investigative and Enforcement Difficulties 60 State's Attorneys for Individual Counties and the Civil Rights Unit of the Office of the Attorney General 61 Difficulties that Limit Law Enforcement Agencies' Abihty to Assist Victims 62 4. Conclusions and Recommendations 64 Figure 3.1 Vermont Human Rights Commission Complaint Initiation and Resolution Process 59 Tables 2.1 List of Parent/Student Presenters 6 2.2 List of Teachers, School Administrators, and Support Personnel 31 2.3 List of Community and Advocacy Organization Representatives 40 3.1 Population Characteristics by County (1990 Census) 53 3.2 Vermont Elementary and Secondary Pubhc Schools Ethnic Enrollment, 1985-1997 53 Appendices 1 \ermoni Anti-Harassment in Education law 16 V.S.A. 565 (1997) "Adoption-of Policy Prohibiting Unlawful Harassment of Students "1 2 Vermont Department of Education, "Model Harassment Policy" 72 3 U.S. Department of Education. "Profile. Assessment, and Resolution Agreement with Burlingrton Pubhc School District. June 27 78 4 Michael J. Obuchowski. Speaker of the Vermont House of Representatives, Memorandum to Kimberly B. Cheney, Oct. 31, 1997; Michael J. Chermck, Research Council. Vermont Lepslative Council, "Raaal Harassment Statute," Oct. 30. 1997 93 5 Beth Dutton and Mariene Burke. Vermont-NEA Human and Civil Rights Standing Committee. Letter to Kimberly B. Cheney Feb. 8, 1998 98 6 Peter Clavelle. Mayor. Burlington. Vermont, "Welcome Statement" 113 7 Merr>'n Rutledge. Vermont Equity Project, "Examples of Damaging CumcuJum and Prospective Altemauves" 114 8 Diane Dexter, Adoption Coordinator, and Judith Blank, Adoption Social Worker, Vermont Department of Social and Rehabilitation Services, Letter to the Vermont Advisor>' Committee, Nov. 12, 1998 115 9 Shay Totten, Vermont Tunes, "Reading, Writing, Racism," Sept. 10, 1997 118 10 Donald A. Gnnde Jr.. Director, ALANA/Ethnic Studies, University of Vermont, Summary of Remarks and Recommendations, Letter to Marc Pentino, Eastern Regional Office, Nov. 5, 1997 123 11 Donna K. Jemilo, Superintendent, Burlington School District, Response to Affected Agency Review, Letter to Marc Pentino, Eastern Regional Office, Oct. 9, 1998, and Committee Responses 126 Chapter 1 Introductron I urge you to please develop a sense of urgency about racism within our schools. All of our children are he- mp diminished If you are m a position to receive this report, vou are most likely m a position to do some- thing about It You have an obhgation to all children to be a cataivst for change. Don't allow the legacy that parents of children of color have had to pass on to each generation continue, the legacv' of picking our children up at 2:30 and attempting to repair the dam- age that has been done to them during their school day Racism is not a problem or an issue: it's a way of hfe - excerpt from parent testimony' On the evening of June 25, 1997, a 13-year- old African Amencan boy was beaten with a baseball bat outside a Burlington mall by several white teenagers, who witnesses claim shouted racial remarks at the victim. ^ A week before the attack, community leaders in Burlington spon- sored a forum to discuss race relations and ways to end racial harassment m the surrounding community. The forum was spearheaded by sup- port groups and community action organizations that for many years have expressed concern for the safety of minorities and have voiced their belief that overall race relations in the State have deteriorated. These organizations, formed to serve Ver- mont's expanding minority population, have monitored the rise in the number of racial har- assment incidents against mmonty youth, some of which occurred in and around Vermont pubhc schools. 3 Although the number of actual ina- dents IS not available, the Vermont Human Rights Commission, the Vermont Department of Education, and community- groups have docu- mented numerous cases of raaal harassment directed at students of all ages. These include physical and verbal assaults against minority elementary school students, raaal harassment of an African Amencan high school student by athletic team members, and raaal epithets di- rected at a brraoal student.'* It is alleged that these incidents are a small sample of the kinds of racial harassment that occur in the pubHc schools.^ It has also been reported that some school administrators have shown a reluctance or un- willingness to take necessary action to prevent these incidents. In some cases, the Vermont Human Rights Commission found that although school officiELls were aware of the harassment, schools failed to put a stop to the conduct or did not take appropriate steps to redress the sys- temic problem of continuing racial harassment.^ In one case, over a several year period, parents of a minority elementary school student reported incidents of raaiil harassment to the school ad- ministration, which responded to each incident. When the child's parents asked the school to take broader remedial action, no additional ac- tion was taken until the student was subjected to five inadents in a 2-week period." It was only after these incidents that the school contacted the parents of the harassing students and threatened to impose harsher disaplinary action ' Leslie McCrorey Wells, testimony before the Vermont Ad- vison,- Committee to the U.S. Commission on Civil Rights, commumty forum, Burlmgton, Vermont, Nov. 4. 1997, Bur- hngton transcript (hereafter cited as Burlington Transcript) p. 282. The transcript of these proceedings is on file at the Commission's Eastern Regional Office. - Shay Totten. "Rebuilding Racial Harmony." Vermont Times. July 9, 1997. vol. 7. no. 28: and Lexis/Nexis Sute News Service, "Minority Leaders Charge Racism," June 27, 1997 ^ See Lexis/Nexis State News Service, Vermont. June 17, 1996: Kristin Bloomer. "New Group Vows to Fight Racism," Rutland Herald and the Sunday Times Argus, June 16, 19%. * Susan M. Sussman, former executive director, Vermont Human Rights Commission., written statement presented to the Vermont Advisory Committee to the U.S. Commission on Civil Rights, May 15, 1996. A copy of the statement is on file at the Commission's Eastern Regional Office. 5 Ibid. 6 Ibid. ' Harvey Golubock, director, Vermont Human Rights Com- mission, testimony, Burlington Transcript, p. 56. aeainst the students* However the minonty student felt he had to avoid certain proups of students a: the s.chool m order to prevent him- self from being harassed^ In a similar case, the parent of a biracial student reported inadents of racial slurs to school admmistrauon. which is- sued a warning to the students involved.'" Dur- ing the subsequent school year, one of the perpe- trators again harassed the minont\- student; however this time, school administrators refused to issue additional sanctions other than a warn- ing since this incident occurred in a new school year." School administrators also refused to schedule schoolwide seminars or diversity- training despite the urging from the paurent of the harassed student. '^ Prompted by incidents such as these, gov- ernment officials and community- organization representatives urged lawmakers to adopt leg- islation prohibiting raaal harassment in the State's public schools. In an effort to ensure that the State's public schools maintained ssife learning environments, the legislature passed in 1994 a State law prohibiting unlawful harass- ment of students. '3 This law (known simply as the Anti-Harassment in Education Act) requires school boards to develop and adopt a harassment pobc>' and procedures that include: 1 A statement prohibiting vmlawful harassment of a student. 2. A definition of harassment. 3 Consequences and appropriate remedial ac- tion for staffs or students who commit har- assment. 4. Procedures for reporting harassment of stu- dents, including the designation of two or more persons within the institution to receive complaints. " Ibid. ' In this case, the Vermont Human Rights Commission reached an agreement with the school and parents The parents were paid a monetary award, and the school imple- mented procedures to prevent reoccurrence of the harass- ment. Ibid., pp 56-57. ">Ibid.,p 54 " Ibid , pp.54-55 I- Ibid., p. 55 i^\T STAT ANN tit 16, § 565 (1997) " Staff IS defined as teachers, support staff, agents of the school, school board members, and unpaid volunteers Ibid 5. Procedures for pubhcizing the availability of the 'Vermont Human Rights Commission and the U.S. Department of Educations Office for Civil Rights. 6. A statement that acts of retaliation for re- porting harassment or for cooperating in an investigation of harassment are unlawful. In implementing this law. school districts were given the option of developing and initiating age- appropnate prograuns to effectively inform stu- dents and staff about the substance of the pobc>' and procedures (see appendix 1). Subsequent to the adoption of the Anti- Harassment in Education Act, the 'Vermont De- partment of Education developed a model har- assment policy for school boards to adopt and administer in their respective districts (see ap- pendix 2). The model policy, developed in con- junction with other State agencies and commu- nity groups, supplemented the law by adding the following elements: (a) definitions of unlawful harassment and sexual harassment, (b) a dis- tinction between voltintary and mandatory re- porting, (c) a duty to act when a school district encounters discrimination, (d) a prohibition against retahation for reporting harassment in- cidents, (e) the option of designating an equity coordinator in each school district/supervisory union, (f) a confidentiahty requirement, (g) an informal resolution process, (h) appeal proce- dtires, and (i) training methods. The Department of Education distributed information and mate- rials to assist school districts to implement the pohces and procedures as reqtiired under the law.'* In early 1997, the U.S. Department of Educa- tion's OfQce for Civil Rights (OCR) received an- ecdotal information from parents and commu- nity leaders that racial harassment incidents were occurring in the Biu-lington area, which had experienced unprecedented increases in mi- nonty student population. These concerns prompted OCR in May 1997 to initiate a "Profile, Assessment, and Resolution" (PAR) review'* of ■' Paul Fassler, legal counsel, Vermont Department of Edu- cation, testimony. Burlington Transcript, p. 72. "• A PAR review is a method to review a school systems' title VI and title IX compliance. The goal of the racial har- assment PAR review is to initiate changes in the district that would enhance educational opportunity and ensure an the Burbn^on school distnct based on claims mat incidents were not being effectively ad- dressed by the distnct. ' ■ The focus of OCRs review was to determine fli whether students were treated differently on the basis of their race and (2) whether differing degrees of disaphne were applied to minority students '* As part of the week-long review, OCR conducted a series of meetings with administra- tors, teachers and staff from the Burlington school district, members of the Burlington School Board, and students and their parents. In focus group sessions'^ with parents, among other claims they alleged that the district failed to provide adequate resources to address harass- ment issues and support minority students. In addition, they claimed that the district failed to communicate efforts to address issues of diver- sity and racial harassment and at best provided "ineffective, sporadic, and superficial training on diversity issues. "^o They also expressed their be- lief that the faculty did not respect minority stu- dents.^i Following the review, the school district and OCR entered into an agreement to resolve these and other issues. Under the agreement OCR will continue to monitor the Burlington district's im- plementation of improvements over a 1-year pe- riod (see appendix 3). Independent of their re- view of the Burlington school distnct, OCR asked each school board in the State to provide educational environment free from harassment The office conducts investigative interviews and focus groups with school officials, students, parents, and community leaders before issuing recommendations to the school board for ac- tion '" This characterization is based on information received from OCR. However, superintendent of the Burlington school distnct, Donna K. Jemilo. offers a different interpre- tation of the reasons for OCRs review. See app. 11 '" U.S. Department of Education. Office for Civil Rights, draft recommendations to Burlington school district related to discipline and racial harassment. May 16, 1997. A copy of the draft recommendations is on file at the Commission's Eastern Regional Office. " On May 12 and 13, 1997, OCR hosted two community dialog sessions at Edmunds Middle School in Burlington 2° U.S. Department of Education, Office for Civil Rights, draft recommendations to Burbngton school distnct related to disciphne and racial harassment. May 16, 1997. A copy of the draft recommendations is on file at the Commissions Eastern Regional Office 21 Ibid. copies of their model harassment policies so tna: OCR could determine each districts policv OCR found that in several instances some school di?- tncts had failed to adopt any pohcy ana tna: many distncts had drafted pohcies that ne- glected to include essenual elements as sug- gested by the State. The Vermont Advisory Committee Throughout 1996 and 1997. the Vermont Advi- sory Committee held three bnefing sessions with Vermont Department of Education officials, community groups, and parents of minonty stu- dents.22 Presenters at these meetmgs informed the Committee that although the Anti- Harassment in Education Act required school boards to adopt antiharassment pohcies and pro- cedtrres by August 1, 1995, many had not com- phed with the law. In addition, they alleged that State officials had collected httle information regarding which districts were m compliance with the law or had developed effective pohcies as suggested in the State model. Representatives from the Mt. Elmore Insti- tute, a private consulting organization, reported that the number of racial and sexual harassment incidents in Vermont schools were frequent and common.23 They claimed that many administra- tors, staff, and teachers were poorly prepared to address the incidents, and at times exhibited a deep reluctance and hostihty to harassment is- sues. In addition, when teachers and adminis- trators permitted hostile environments to con- tinue, they observed students were being taught to Ignore or take part in harassment inadents. The Advisory Committee heard of allegations involving particular schools permitting a racially hostile environment to exist and, in some in- stances, encouraging activities that were deroga- tory to minonty students. The Advisory Commit- tee also learned of the estabhshment of an "anti- raasm hotline"^'' juid efforts by the African ^■^ Bnefing sessions were held on May 15, 19%, May 13, 1997, and Aug. 28. 1997. ^ Mt. Elmore Institute, written material submitted to the Advisory Committee at its May 15, 1996, planning meeting. A copy of the material is on file at the Commission's Eastern Regional Office. " Established in 1996 by the Vermont Anti-Racism Action Team, the hotline allows parents and students who are vic- tims of harassment to speak in confidence with counselors. American Advnsor>- Committee to the Vermont Department of Health for the classification of school-based racisrn as a pubhc health issue. 25 These developments prompted the Advisor>- Committee to undertake a project utied "Raaal Harassment in Vermont Pubhc Schools" to gather information from State offiaals. commu- nit>- leaders, parents, and students. The Advi- sor.- Committee hoped that its efforts would con- tribute to the Commission s continuing efforts at addressing raaal bias in the Nation's communi- ties.26 On November 4 and 5. 1997, the Advisorj' Committee held community forums in Burling- ton and Rutland. 2' In addition to Burlington mayor Peter Clavelle.^s pamapating panelists included representatives from the Vermont De- partment of Education, State Human Rights Commission, the University of Vermont, school teachers and admixustrators, £md parents of mi- nority students. Throughout these forums, parents and stu- dents reiterated their beUef that some Vermont schools are unsafe learning environments for minority students and many viewed safety as their primary concern. As stated by one parent: ^^ .African Amencan Advisory Committee to the Vermont Department of Health, recommendations to the Commis- sioner of Health, October 1997. A copy of the recommenda- tions IS on file at the Commission's Eastern Regional Office. '''■ The Commission has addressed the issue of racial bias and Its effects on equal educational opportunity in a vanetv' of publications, some of which include: Racial and Ethnic Tensions in American Communities - Poverty, Inequality, and Discrimination - A National Perspective (1992), Intimi- dation and Violence - Racial and Religious Bigotry m Amer- ica (1990). Bigotry and Violence on American College Cam- puses (1990) The Ck>mmission's State Advisory Committees have similarly monitored race relations and educational issues See Fair and Open Environment^ - Bigotry and Vio- lence on College Campuses m California (1991), Campus Tensions in Connecticut - Searching for Solutions in the Nineties (1994), Racial and Ethnic Tensions in Florida (1996), Bigotry and Violence in Georgia (1989), Race Rela- tions and Equal Education Opportunities at Proviso West High School (1996), Racial and Religions Tensions on Se- lecud Kansas College Campuses (1992), Campus Tensions in Massachusetts - Searching for Solutions tn the Nineties (1992;, and Bigotry and Violence on Missouri's College Cam- puses (1990) ^' A transcnpt of these proceedings is on file at the Commis- sions Eastern Regional Office. All quotes in this Advisory (Committee report, unless otherwise noted, are taken from this transcnpt ^ An edited version of Mayor ClavelJe's remarks is pre- sented in app 6 Raaal harassment is all its forms, includini; taunts repeated use of the N word, as weU as physical as- saults, have been the norm rather than the exception during my children's school career. ...Nearh on a daily basis, my daughter was called the N word, was punched, kicked, and spat at -^ To quote one parent: The main concern I have is the safety of my children They can go to school and not learn anything, but if they come home ahve, I've got a chance. ...They can- not learn if they spend all their time looking after their safety.^ As will be shown in the following report, par- ents of minority students, teachers, and commu- nity leaders expressed similar concerns at both forums and reported instances of raaal harass- ment (including racial epitaphs and physical abuse) directed at minority students of all ages. In addition, some parents claimed that some school districts have not adequately responded to incidents of racial harassment and that ex- isting State law is deficient in addressing the problem on a systemwide basis. This report is based on forum panelist pres- entations and supplemented by followup re- search. Chapter 2 of this report offers edited statements made by panelists and members of the public. In addition, this chapter describes the Committee's efforts to solicit information from government officials, school admiiustrators, and staff who chose not to attend the forum. Chapter 3 provides an overview of the Vermont pubbc school system and describes the respective roles of State agencies that monitor racial harassment incidents such as the Vermont Department of Education, State Human Rights Commission, and the Attorney General's Office. Also included are a description of State demographic informa- tion, elementary and secondary school enroll- ment data, and mention of recent State educa- tional funding legislation in the context of school quahty standards. Finally, chapter 4 presents the Committee's conclusions and recommenda- tions. ^ Jackie Hickerson, testimony, Burlington Transcript, p. 153 ^ Anne Borys, tesumony, Burlington Transcript, pp. 23-24. Chapter 2 Presentations by Parents, Students, Teachers and Administrators, and Community and Advocacy Group Representatives introduction At the 2-day community forum, 36 panelists of- fered their views of racial harassment in the pubbc schools. Presenters included invited pan- ehsts and individuals wishing to offer informa- tion to the Committee during the forum's open sessions. ' The presentations have been Jirranged according to three subject headings: (1) parents and students, (2) teachers, school administra- tors, and support personnel, and (3) community and advocacy group representatives. Each section includes a listing of presenters, a brief introduction, their edited statements, ^ and a summary of the major points of each group's presentation. Participant statements have been edited by the Advisory Committee for readabihty and overall organization within the chapter and have been reviewed by the partia- pants for accuracy. The number of presentations at the forum represents a small fraction of persons invited by the Advisory Committee to partiapate in the discussion. The Advisory Committee made sub- stantial outreach efforts to obtcun a balance of viewpoints from a wide range of perspectives. The Committee contacted a total of 5 State leg- islators, 11 Federal and State agency represen- tatives, 4 educational union representatives, 16 school administrators, 23 advocacy organization representatives, 18 parents, and 5 students and urged them to attend or share the invitation to ' Officials from the Vermont State Department of Education and Vermont Human Rights Commission also made presen- tations at the forum. Their presentations, however, are in- corporated m chapter 3 - As a guide for the reader, major topic headings contained in each presentation are hsted in itahcs following presenter names. Names of individuals and parucular schools have been deleted when presenters made potentially defamaion,' statements the forum with others. In addition, the Advisory Committee contacted over 15 school prinapals ^particularly in and around the Burlington and Rutland area) to seek information on their ef- forts to eliminate harassment within individual schools. Despite these efforts, the Advisory Commit- tee noted the absence of legislators, school ad- ministrators, and union representatives at both forums. The Committee's efforts to solicit input from these individuals continued throughout the 2-day forum as both staff and members made numerous telephone calls to confirmed panelists who did not appear at the event. All individuals invited to the forum but who were unable to attend were given an opportunity to submit their written contribution to the Committee. In response to this request, only Mi- chael Obuchowski, speaker of the Vermont House of Representatives, and the National Education Association of Vermont provided writ- ten responses to the Committee's inquiry, which are presented in appendices 4 and 5, respec- tively. Parents and Students Eighteen parents and three students made statements to the Advisory Committee during the 2-day forum describing madents of racial harassment that included racial remarks and physical assaults on minority students.^ The panehsts also called into question responses to these incidents by teachers, school administra- tors, and State agency representatives. Table 2.1 lists the parents and students appearing at each session. Parents and students described in detail ra- cial harassment incidents occurring throughout ^ Some parents presented in both their capacity as parents and as employees of various Vermont State agencies. the States priinar> and secondar>" school sys- tem. They also raised the following issues; (1) lack of respec: or empathy shown by teachers and administrators to minority student con- cerns. (2 1 the use of curriculum materials pro- moting racial stereot\-pes, (3) a presumption by teachers/administrators that mmont>- students are involved in criminal activit}', (4) unsaosfac- tor>- school-based responses to raaal harass- ment incidents, and (5) an overall climate of ra- cism that exists in the State. The presenters discussed methods to enhance a climate of toler- ance and respect for minority students, and of- fered suggestions for schools on ways to estab- hsh an appreciation of cultural diversity'. Table 2.1 List of Parent/Student Presenters Burlington Session Ann Borys Judith Blank Diane Dexter Bemie Henault Jacklyn Hickerson Jeanne Mane Schinhoffen Renee Shippee Mark Davis Jr. * Brandon Davis * Philip Davis * Mark Davis Sr Joya Davis Ayana Al-Faruk Leslie McCrorey Wells Leigh Lamphere • Student Rutland Session Mary Allen McMaster Barbara Linton Lyndia Cobbett Judy Adame Judy Amado Mana Pellignno Ann Borys* Safety issues, Physical assaults on minonty students. Lack of respect for minority student concerns I adopted five children, two African American, two Asian, and one Indian. My husband and I work endlessly taking care of these kids. It's a devotion, and so we take their issues as our is- sues. Adopting a child is a very emotional event, and adopting outside of your race and your cul- ture brings a whole different set of responsibili- * Borys testimony, Burlington Transcript, pp 12— 4G ues. I am not separate from my children s issues. I know what they've been through, and 1 teli their stones today with their permission. So Im here to represent not just my children but all the mothers in Vermont who are raising children of color. This is an extremely difficult thing to do m our societ}'. I can't tell you how many hours of the day are consumed by this. I have to read, 1 have to study, I have to know more than the teachers of my children. The way we have talked about it is that race is a climate. There is no such thing as someone not having a racial experience. Everybody has a racial experience. For my kids, it's been a diffi- cult climate. The only forum for race in our school is the bathroom, the playground, and the school bus. This is where race is discussed, this is where race is worked out, and this is where race takes on much more than just the color of one's skin. The discussion about race is also a discussion about culture. The race issue starts immediately when chil- dren are infants. When my boys were in day care, I saw two teachers pointing at a child who is white and saying, "Look at that boy, he's so strong, he's so able, etc." They turned and said about my son, "He's so wild, he's so out of con- trol, he's so mean spirited." These two boys were 6 months old. And I realized then how even the people who take care of the children are Eilready beginning to feed part of this racial nonsense to them. By the time the kids got to school I was very worried about what their experiences would be, and so I tried to find out what it's really going to be like for them before I sent them into the pit and expected them to survive. I found the names of 10 people of color who had graduated firom the school that my children would go to, and I wrote to each of them and asked them to describe their experiences. Every one of them responded and stated they hurt terribly fi-om their experiences. 1 asked them what it was that they felt that they were missing, every one of them told me, "My mother never believed it was as hard as it was." So by the time I sent my kids to school, I was pretty scared about what was going to happen to them. Instead of waiting until something hap- pened I talked to the teachers and told them my children will be attending this school and they will be treated as who they are. And It started the first week in school My kids would often have to do much more work to accompbsh the same goal. Tins is one of the sto- nes of race in Vermont. A child of color, to achieve the same place as ever>'body else, has got to do so much more to get there. I myself can't do anything but protect my five children as best I can. but there are other children out there and even white children need to be protected from racism. It does us no good to raise up a whole State of baby bigots. We need a ver>" dif- ferent and much more inclusive program. It's not enough to send your kids to school and demand their acceptance, and for the school to respond by making them white hke all the other kids. We have to make room in our school for other people for them to be heard, accepted, liked for who they are, and begin to understand other cul- tures. The main concern I have is the safety of my children. They can go to school and not leam anything, but if they come home aUve, I've got a chance. But if they go to school and they are hurt endlessly, then the discussion that I have is always about them being hurt. My kids aren't just going to school in grammar school or high school, they're going to college. And I think it's the school's responsibUity to meet me halfway to make sure that they're ready for school. They cannot learn if they spend all their time looking after their safety. I no longer work because of some of these things. When my daughter was m kindergarten, I went to a day care to see if it would work out for my kids, and the first question 1 asked was, "WTiat IS your pohcy for racial problems?" They claimed not to have problems. WTiile I was talk- ing with my children, they had a racial experi- ence. A troubled child grabbed my daughter by her braids and smashed her head into a cement wall and said, "I'm not bving in no town and go- ing to no school with no black kids." Now my kids were terrified and they didn't know what to do. At that point, I come around the corner from my meeting in which everybody was telling me they have no racial problems at this -child care • center, and my kids wanted to go home. The next morning while combing her hair I put my hands around her head and discovered that there was blood oozing from between her braids. Well, how can you then take your child back to this day care and say. sure tn.- again That wa.~ the end of working for me. Although this nar- pened at a day care center and not m the pubuc school, that child now goes to the same school my child goes. Recently this same child was walking up and down the hall where my kias were walking, and he would find every opportu- nity to harass my kids until they were terrified. I would talk to the teachers and they would say this didn't happen on school property and we can't do anything about it. My response is that fear exists on school property and my daughter belongs in that school, and she s not having the same experience that the other child is having. Lice IS rampant in our schools. 1 got a call from the school asking me to get my daughter because they claimed she had lice. The teachers claimed she had a different kind than what they have seen before and could infect the whole school. In reahty her unusual bee was not Uce at all but s£uid from the sand box. Their reaction is so out of proportion; my daughter was isolated and terrified. The school scared all the kids about her. Another troubled youngster began beating on my kids in kindergarten, kicking, hitting, push- ing, shoving, name calling. My children's free- dom was curtailed because of the other child's abihty to strike out at each and every comer that he wanted to. I would talk to the teachers, who offered that my son could sit in front of the classroom. I want my son to be able to sit where he wants and to have the same rights that the other children have. Well, the kicking became more and more insistent and one day I found my son on his hands and knees looking through the bathroom door to check to see if it was safe to go inside without looking. Again, everything was done to curtail my son's freedom, not the other boy's freedom. That child's family made no bones about the fact that they were raasts. One day my son came home with two black eyes. He was so upset that he could hardly walk. He had rings of blood inside both of his nostrils, and inside his mouth was a ring-of dried-blood.-He told -me this other child had kicked him in the hall and all the children saw this. That family is proud of its racism; in fact they send their kid to karate school. The kid goes and is being taught how to be a good fighter and has learned to use my kids as a battering itiiTC'inrc. b:i=.s. V : • i i : ■_!■» t'ETSaC ir V '.f-yr^- I^ "^ :_■ -. : -»fri .•:..t::tt" hii-atipan 7 ui—JiiK. an. 1.*—.}. li>- r.iQijueiieu. s aer saamnr' V_ I j :^ i.:i: Jul -.r]cr ■imniiigft & jeaer b ae 1^2i.z-.i.« v oca a assed. had to face the older kids and were forced to teLl them now the incident hurt their feelings as the scnool was desirous of helping kids who are realh' ignorant W^en I said. "It's not my daughter; position in 1st grade to educate teachers and other kids on issues of religion and color ' the school started taking a more global look at the issue. The diversity committee also addressed poli- cies from the principal and the superintendent that they were developing, whether this was ra- cial harassment or sexual harassment or dis- crimination. I think It s important to be inclusive of all children. We have to educate all children on the issues. If I had a wish list, I would want the Department of Education to set up a pro- gram to bring in student teachers who them- selves are from minority groups, because our kids are not seeing adult role models for children of color. I think some parents also have to take responsibihty. In central Vermont many children of color have been adopted by white parents and many of these parents feel racism doesn't exist. When the child comes into the pubUc school they often are shocked and surprised and feel the school should solve all of soaety's problems. My daughter's now m middle school for the first year. I feel Uke I'm back at ground one. We have to start over and build up what we had in the elementary school because we had support personnel that were focused. It wasn't just peo- ple saying, "We have a problem," rather it was "What can we do for a solution," 'What can we do to support the principal, teachers and staff." DISCUSSION MR. TUCKER: So you're teUing me that what went on with the elementary school did not per- meate into middle school? MS. BLANK: No, it did not. I think in the high school It's working because there were teens who were active. The middle school, like everything else in education, just seems to get lost between the two. DR. JOHNSON: It seems that we can ask every school what -are you doing to -celebrate each individual child. Could you give us some examples of your ideas? MS. BLANK: For 4 years I went to my daugh- ter's classroom twice a month, and if I brought materials, it wasn't just Indian materials. It wasn't just adoption materials. I brought a stor-. on chess that took place in the Orient Tning.- like a hohday pageant instead of a Cnristma.-; show became four bttle plays One wa? Bud- dhist, one was a Hanukkah story one was a Kwanzaa ston,-. and one Christmas stor> . Kids crossed lines. The kids of color in that school did not go to Kwanzaa, they went to other activities. It's not because you're this you have to then teach this or be this. You should be interested in everything. WTien she was in the younger elementar>- years, we brought cooking in from different countries. I resent being a Jewish parent that is always viewed as Ms. Hanukkah. They always say, "Hanukkah's coming up, can you do some- thing?" Why IS it just me? WTiy can't the teacher or someone else bring that up? If I'm supposed to bring the Asian-Indian culture and have my child respect herself and I'm white, then other people should be able to do things too. Diane Dexter' Efforts to assist adoptive families of minority children. Teactier and peer treatment of minority students In my role as the adoption speciahst for the State of Vermont, I see a number of children who are adopted transradally. In the past 6 years, there is a steady increase in the number of minority children adopted by Caucasian par- ents in Vermont. And many of them are still very young. They're hitting 5 and 6 years of age. Every year all of the agencies m Vermont put together a conference, and in the process of this conference we realized that many parents, as their children were getting older and hitting the school systems, were not prepared to help their children deal with the school systems and with the larger population. We've put workshops in place, and the agencies have a screening process to help famihes before they adopt a child of color and begin to think what the issues are in order to help their child into adulthood as a healthy person of color. At ^e adoption conference -every year we bring someone in who will do hands-on training for famihes. I've received many phone calls from parents who have adopted children of color say- ^ Dexter tesumony. Burlington Transcript, pp. 119-31. ing. "Where can I go to get my daughter's hair cut and braided" And these questions are ver>- real for these families. And we now have devel- oped resources Were pointing them in that di- rection and they are getting more educated. At the conference I spoke with adoption agency rep- resentatives and together we came up with a handbook for parents that would address this issue. As part of our bcensing regulations, agen- cies have to sit down and give every adopuve familv this information. Whether they practice it or not. is another question. I have two African American children, and my oldest daughter is 6 years old. She entered the pubhc school system this year for the first time. I anticipated she would have a wonderful experience. On day four of her education she didn't want to go backl There were children in her class and outside of her class who had threatened and intimidated her and made fun of her because of the color of her skin. When my daughter came home she did not want to go back to the school. She said to me, "I feel like I'm a ghost. I feel invisible; nobody sees me." We had a meeting with the teacher and some good things have happened. My daughter's teacher is a won- derful young woman m her first year of teaching. 1 don't think she's had any opportunity to expe- rience a child of color in her class or in her life. My httle girl sat m the cafeteria for over 3 weeks, did not eat her lunch, and sat with the tray m front of her all by herself with her head down. She was afi-aid. Children had said to her, "Shut your mouth." They used the F word to her, and she was afraid. When the teacher divided up the class for circle time, my daughter was always on the outside. She's separating herself from the rest of the students and doesn't want to be a part of this group. 1 said to the teacher, "Here's what you can do. Be my daughter's partner. Call her name out and hold her hand. Show your stu- dents that you value my daughter and is impor- tant to your school." I asked the school adminis- trator, have your teachers say, "Good morning, how are you today?" When they see my daughter w£ilk down the hall, speak to her. There's a lot of work that has to be done. It doesn't have to cost a lot of money. I'm concerned that it will take committees doing research. You know, hey, that's my great grandchildren you might touch. My bttie girl is in your pubhc schools here in Vermont right now and I don't know what s hap- pening to her. I've worked with the teacners: 1 m working with the principal, and the> seem re- sponsive, interested, caring, and wilhng to do something. Here are some of the things the school has done. They do acknowledge her every day They are holding her hand. The prinapal has gone and sat with her in the cafeteria, has invited other children to come and sit with her. The 5th/6th grade class decided early m the year that they would do their study project on Africa. Parents have to invest in the community and say to themselves, even if my child is white. I should be involved in the school and care about what's being taught there and going on. DISCUSSION MR. CHENEY: The positive thing is that the other parents saw this as a problem for their kids and not jtist your kid. I want to know whether you had that experience too. MS. DEXTER: Yes. I spoke with several other parents of children in my daughter's class, and I observed some incidents on the playground where one of their children, who's a Caucasian child, was put to the test. He had to choose be- tween being a part of the game and playing or being my daughter's fiiend. He stood there and he cned. When his parents learned of that expe- rience, they were appalled. And they also called the school and said, "This has got to stop now and none of these children are to have this expe- rience." Bemie Henault^ Inappropnate lesson plans, Recommendations to the State Board Nine years ago I went to the school board meet- ing in Newport, Vermont, for the K through 12 system high school. I sat there and wanted to talk about special education. One of the board members in all indignation said, "Who are you to come in here and tell us what to do?" In Novem- ber, a board member that had served 12 years on -that board resigned, -and I competed for the seat and won. I joined this school board because I saw the wreckage and saw how poUdes were handed out. ' Henault testimony, Burlington Transcript, pp. 134-51. 10 We do a lot behind executive session doors. You want to try to solve some of this problem in the future, then there is no executive session for racial issues. If you report it and you've got the puts to stand on your two feet and say to those people there s something wrong here and I want you to correct it. 1 don't want to sound offensive to more learned people, but I shouldn't have to teU somebody with a college degree and master s education, "Gee. do you think we ought to get a consultant in to talk about multicultural accep- tance, tolerance'^' No way. I am one of 15 votes. If 1 get seven others, then the administrators and the faculty and all other people working in the school system will do as they're supposed to do and to not eqiuvocate when incidents occur. This thing of dividing, I have problems with It. I don't like it. I was informed at different times that my attitude was wrong. What does it take in our lifetime to bring about change? All racial instances wiU be reported to the Depart- ment of Education. There should be no equivoca- tion and no claiming a victim didn't officially report it. And we do a lot of mailings home to our families and children m Vermont. Send the law- plus phone numbers home with the first mailing and do it statewide. We should say to the Board of Education members to tell school staff it's mandatory. Simple language that can be in- serted in all educators' contracts that says: if you stand by and watch racial hatred, or bigotry or slanderous statements be made, you may be dismissed. I wonder how many school adminis- trators would be in this room if their pay was cut 35 percent and used it for multicultural pro- grams. Last year when they were studying the American Revolution, they were going to hold a slave auction. We got the notice 3 days in ad- vance. We had a few reservations because Sam, my 7-year-old granddaughter, was the only black kid in the school. So we had some concerns about her friends, who were white, and what they would do with Samantha after the auction. I told the administrators, "You need to not do this. You needed to prep all the students to say how hor- rendous this was, how bad it was to sell huin£in beings to be slaves. You didn't do that prep work." In September of 1997 out on the play- ground a kid called her a nigger and saic "Niggers are bad.' "There are sample muluculturai prop-am? ai. around the country which could be made avail- able to everyone. 'What I'm searching for in m^ supervisory union is a good example for K through 12. I'm going to throw it on the table and I'm going to say, "Why don't you start at kindergarten? By the time they hit 12 if they also learn good manners, they'll be reasonable citizens and we won't have to yell and scream at each other." Every single school in the State of Vermont should have Americanism 101 as part of the common core. Jacklyn Hickerson* Physical and verbal assaults on minority students, Complaint processing by school staff and the Human Rights Commission I have two biradal children in the pubhc schools. My daughter's been in the school system 2 years; my son just entered Ist grade. It's hard to con- dense what's been happening to them into a speech because its something that has been a very horrible experience for my children, and it is difficult to try to communicate it to you with the same effect. Raaal harassment in all its forms, including taunts, repeated use of the N word, as well as physical assaults, have been the norm rather than the exception during my children's school career. Last year the problem got worse. Nearly on a daily basis my daughter was called the N word, was punched, kicked, and spat at. To make matters worse, one of the perpetrators was the daughter of a school board member. I have called a school official several times and would get no help whatsoever. This person would not acknowledge what was going on. She would say to me, "He has a cousin who's black, so I don't think he's doing that. He couldn't be a racist." I had a parent meeting with a school board member. She told me I was overreacting because I wanted a meeting with her because her daugh- ter was calling my daughter the N word. I have - very -«eriou6- concerns that people like this are raising children like that and are in power over our schools. * Hickerson testimony, Burlington Transcript, pp. 152-66. This year already my daughter has experi- enced incidents the N word has been used as welj as other de.rogator>- terms. She has been punched I brought these incidents to the atten- tion of the school staff. My complaints have gone unanswered and I go forward. Also because of mv complaints. I think my child is being treated differently. WTienever there is a problem in the classroom, my child is the one to be blamed. When she tries to give her side of the stor>' the school official continually asks her. "Are you sure you re teUing the truth?" and drilling her repeat- edly when she's the one coming home with bruises. She's never taken at her word. She's made out to be a liar. She is allowed to be abused. I have ined to call offiaals at the school system, but they don't return my calls and my complaints go unanswered. During this school year an incident occurred while my daughter was in art class. A white child sitting next to her scribbled all over her school work. In retaliation, my daughter took a marker and scribbled on his arm. That child got no punishment whatsoever. However, my daughter was not only put into detention, she was barred from the school dance. The other child admitted to starting the incident, but my child was the one to get punished whereas the white child was not. When I went to the school and talked to the teacher she told me, "Oh, well, that's just how I feel, that's my opinion." I talked to the school of&aal who backed up the teacher. I was totaUy outraged. Also this year I requested an lEP meeting because my daughter is not receiving the serv- ices that she's supposed to. The meeting was scheduled by the special education staff person for 3:00 on October 13th. When 1 showed up for this meeting, the staff person told me that the meeting was set for 2:00 and the teachers and everyone else had left. She then proceeded to tell me the reason my daughter was not getting the services she needs is because they are short staffed and there is not enough money. She stated that my requesting an assistant for my daughter would- take .an assistant away from someone else's child. Three weeks after this meeting, I finally got the notice of the meeting in the mail. It was her handwriting, signed by her, and scheduled for 3:00. I called her up and asked, "Why have you denied me this?" She re- sponded. "What do you want me to sav'' Re- sponses like that make me wonder what i? goinp on. The school receives money for these services and they're not being pven. Is it because of their lack of interest in my child as an lEP student or their lack of interest in my child as a student of color? I believe it's because she's a student of color. My child has been kicked around in this school system too much, and I have told my stor>" many times. I have gone to the forums. I have repeated this stuff, and each ume it's a new and different inadent. The old ones keep getting lost in the jmnble. When is somebody going to do something about this? There is a case that has been pending for over a year now with the Human Rights Commission. They have not been able to make any deasion. That is one I have not told you of. The incident happened at the beginning of last year. DISCUSSION MR. CHENEY: Have you made them aware of these issues? MS. HICKERSON: One of them, yes. When it came to my daughter getting the suspension and the barring from the school dance, I did. And it is cvurently under investigation. You call them every single day. They're very busy. I would like to see something happen without having to wait for the Human Rights Commission because it's already been over a year and this was a major issue that I have a case on. I also have a first grader m the school system that's been taimted on the playground, but no physical violence yet. But he's only been in school 2 months. I think it IS important that we do go pubUc with this. I feel Uke I've been shouting my head off since I moved here. And since my children have been in school, it's gone nowhere. MR. TUCKER: Smce the U.S. Department of Education conducted a PAR review of the school system you are referring to, have you seen any movement around your two children as a result of that and has the school system followed any of the things that were outlined in the review? MS. HICKERSON: None^- whatsoever. They have not followed that. MR. HOFF: Do you know if other children of color in that school system had similar experi- 12 MS. HICKERSON: Im sure they have. I don't want to speaK for the parents of tnose children. but hov\ could thev not'' 1 assume that ever>- child of color is getting some type of harassment oecause I ve seen it. This issue has been kicked aside for so long but I can tell you, I know that children are bemg harassed. If this forum was not at the Sheraton and there was transporta- tion, you'd have a kne out the door. Jeanne Marie Schinhofen ' LacK of respect for minority student concerns, Inappropriate lesson plans, Response by administrators to requests by parents 1 think there's an incredible lack of respect from the teachers to the students. When the adnuni- stration and staff communicate to the children, they are first and foremost communicating this lack of respect. In one inadent, my son was sent to the school planning room. He wrote three pages on exactly what happened. I will read an excerpt from his writings: "The teacher was pushing me down the hall, she was pulling at my shirt and pushing me and forcing me to go; however, of course she called it gtuding. I don't understand why they have to call you and check up on ever5^1ung that I say. They're teUing me that I'm a har just by doing that." Perhaps the administration needs to verify some of this information with a parent; however, he is treated as though they don't believe him. When he approaches me with these problems, I have a meeting with the administrators to help the situation. I am educating the teacher on how to educate my children. I need to add respect in capital letters. I have had student teachers and other parents that have helped out in the classroom come to me and say, "There's something going on in the class- room. All of the other eight children in the group are doing this, but your child was singled out and punished for this behavior." I've had calls from parents of students that have come home crying because one of my children is being mis- treated in class consistently. Although the chil- dren come home and tell their parents, I may not find out this information for a year. I'm won- dering what has happened to this particular ' Schinhofen testimony. Burlington Transcnpl, pp. 186-201 child that he can't come home and sa\ "Mon, I'm being mistreated.' He has been mistreatea so much he doesn't know what's right ana aoe^- n't know to come home and say. "The> nave wronged me.' Once a teacher was trying to set up a hierar- chy in the classroom. She was the queen and students were different levels of servants. 1 ex- plained to her that my child deals with this on a daily basis. Of course he doesn't want to have anything to do with this — he hves this. Youre putting It to these children because maybe some of these children haven't experienced this You don't understand what you're saying to my child. We were talking about these children feeling invisible. For 4 years I have been asking the administration to please put the children of color together in the classroom. Finally, when my child was in a class of 40, there were 4 children of color. None of them were in his grade, but be- cause it was a combined class, he happened to be put together with these children. He came home on the first day of school excited and stated, I've got three other African American children in my class. I really don't even care if they are my friends, they're just there. It means on the one day of the year when we celebrate Martin Lu- ther King or a Uttle bit of black history, every- body isn't looking at me." There's somebody else to share that burden with. The administration denied purposely putting these children to- gether. I was asked the other day if I work at the school, because I'm walking the hallways. I'm in a position where I'm ready to qmt my job be- cause I can barely hold onto it. We had a princi- pal there that was an edly. I had asked bim to allow my children to have access to me and let them call me at work or at home if something's bothering them. They did this many times. We had a teacher last year who came to me and said, "I want to do the rest of the year dealing with diversity on some level; can you help me?" DISCUSSION MR. -TUCKER:-What Bchool are we talking about? MS. SCHINHOFEN: Twinfield Union in Plainfield, Marshfield. I personally have not gone beyond the administration because I knew It was useless. I felt that my energy was best put 13 into approacmns each of the teachers when my child was in their class. I would do my best to educate them, explain my child to them. I have gone to the admimstration and asked them. "Please, on one of these teacher in-service days, can vou please focus on having the teachers edu- cated?" They're i^riorant here: can you please help to educate them?" There's no funding for that. I feel as though the diversity that we do get the teachers aren't truly there in their hearts Whenever they get something that is di- verse. It's not brought into the school m other ways When I took my child to the 1st grade the teacher informed me in the first week that there was no racism in this school. She said I had nothing to worr>' about when I was concerned that my child wasn't going to be safe there. I looked around and there were no posters, no books, there was nothing. I now have a teacher for my daughter who has spent a good portion of her budget this year on things that would en- compass her in the classroom. I do know that I'm being heard. It's on such a small level that it's hard not to be bitter. It's hard not to be totally frustrated, but I do it for my children. DR. JOHNSON: Is there something that the parents can do to educate themselves about how to deal with the school? Can parents get funding for some kind of strategy on how to be a parent of an ethnic minority student in Vermont that describes what parents and students will en- counter'' I don't know if you communicate with one another. MS. STOLEROFF: We are in contact. A group in our community formed a diversity group. UTiat's so wonderful about our community is it acts as a community. There are many people m the community that care about these issues, yet It s hard to get the school to change and use the commuruty as a resource. Renee Shippe ^'' Reactions by teachers to verbal assaults of minority students My two children and I-ltve in-Mornsville, Ver- mont. People of color are coming out of the inner CTties because they want their children to have a safe environment I needed a safe environment and a better education for my children, and I felt I would have it here. 1 look at that sign manv times and it says, welcome to Vermont. 1 want to add — but It's not for the people of color, and if vou do stay, you will be harassed and will expe- rience raasm. No matter whether you're hiding, whether you want to be a productive citizen or not, you will experience it here. Here in Vermont the selectmen are not open for change. If we as people of color, as a commu- nity, as parents, as educators, if something is going wrong with our children and if we are ex- periencing racism, hsirassment, then there's a way to stop it: deliver a message to the poHti- aans that we will not vote for you until the har- assment and racism stops. For every incident in your district, you lose money. My 14-year-old daughter had a very hard time. She was called the N word. They wanted to fight. She really didnt want to fight, but when somebody walked up to her and slapped her, she felt she had to. Teachers, principal turned their back; they didn't see a thing. And it was good because I wasnt waiting for her to be suspended. When my 12-year-old son was called that, he used diplomacy. He went into the principal's of- fice and he sat down and he talked about it. He couldn't understand it because he's been pro- grammed Vermont's way. Not that he accepts being called the N word, but he accepts the Ver- mont culture. He took it to another level and asked to have a meeting with the principal, and he did. The principal ironed it out with him and shoved it underneath the table. She asked that the person that called him this name do a paper on what an N word person was and asked that their parents be involved in this. You're always talking about children, but you have to hit the base. The base is home. Parents have their issues which are heard by these chil- dren m school. I suggest that you confront the parents first. When there's an incident, you call in the parent of the perpetrator and describe the incident. The child did not just pick up the N word from out of the sky. '" Shippe lesiimony, Burlington Transcript, pp. 232—11 14 Mark Jr.; Brandon, and Philip Davis^^ inciaents of racial harassment. Reactions of teachers to minority student concerns MARK DAMS JR.: I am 17 and currently attend a high school in Vermont. Im sure I know a lot of you are aware of some of the problems I've encountered at the high school. First of £ill. I'll start with the school officials. Ever\' day they make it obvious that they don't want me in school, they don't want me anywhere in the citj-, including the football coach who told my brother that I wasn't welcome to play on the team. Even.- day he gives me nasty looks when I'm walking through the haU. To me it's prett].- obvious they re retaliating because of the civil rights suit I filed against them in '95. We moved out of State in July of last year. Since we arrived back in Vermont, in Januar>' 1997, my life has been pure misery while I attend school there. 1 expe- rience harassment every day. 1 can't even con- centrate on school work. I'm doing pretty good so far. And I feel like the school is trying to get to my father through me. Just walking through the hall I can hear the N word from kids. Kids will stare at me and give me nasty looks. I can't walk through the haU without the principal asking where I'm going, why I'm in the hall, etc. The superintendent will see me every once in a while in the hall. He'll give me a dirty look but doesn't speak to me. Recently my mother reminded my father that we couldn't attend a football game at school be- cause of the no trespass order against him. And 1 was already mad that I couldn't play in the game, and I became more angry for now I could- n't even watch it. MR. TUCKER: Were you told that you could not play football? BRANDON DAVIS (Age 12): Yes. The head coach of the football team, I asked him if my brother was welcome to play for the team be- cause he still wanted to play, and he said that he wasn't welcome. It was obviously an excuse be- cause he didn't want him to play. MR. CHENEY: Why couldn't you play in the game? _ . . ... _ . MARK DAVIS JR.: The coach didn't want me on the team. He didn't give a reason; he just said I wasn't welcome. MR. TUCKER: You're in the middle scnoo. So he told your brother in middle scnool tnat you weren't welcome to piay on the hign scnoo: looi- ball team? What's your average'? MARK DAVIS JR.: B. MR. TUCKER: So it's not because of your marks? MARK DAVIS JR.: No. MR. TUCKER: Even if you pass, you can't play. Is that what you were told? MARK DAVIS JR.: Yes. PHILIP DAVIS (Age 14): When I was m 5th grade, I was assaulted by a teacher. \Mien 1 tried to report it, nobody beheved me even though two other students came forward and said they saw the teacher do it. My parents tried to tell a school of&aal what happened. They menuoned filing a complaint with the Department of Jus- tice. The school official assaulted my mom with the door. When I was in the middle school, kids made fun of me all the time because I was in special education. They would get me in trouble all the time and the prinapal would always blame me. My parents would be asked to come to the school every tune no matter how small the problem. MR. TUCKER: How would you describe your experience in the school system? BRANDON DAVIS: In Washington State we had a lot of black teachers and a lot of friends that were like us, and here they just aren't, and they basically just make us feel uncomfortable because we're different. And they just don't want us here for some reason. I'd rather be m Seattle right now. MARK DAVIS JR.: I feel the same way. In Washington State I had black teachers and pretty much all my friends were black. The school was a happy atmosphere. I could walk through the hall and teachers and kids would say hi to me. They made you feel like we were part of the community out there. Here we're away from everybody. It wasn't like that here in Vermont. MR. TUCKER: Did you partiapate in sports in Washington State? . . . MARK DAVIS JR.: I was playing varsity football. MR. TUCKER: But you can't play it in Ver- mont. Davis testimony, Burlington Transcript, pp. 241-50. 15 BR-A.NDON' DAMS: My teachers used to sug- gest which books I should read or wnte a report on Thev were always usually about African Americans During one of my classes we were talking about slaver." and the teacher said. "Brandon, don't you feel so lucky that you didn't bve during those days.' And all of the kids just stared at me the same way when we talk about something about African Americans. And one dav the principal said to me that if I miss an- other day of school, that she would have a truant officer on me to talk to me. And I guess that she didn't like me or something for whatever reason. that's why she said that. And I'm in the middle school now. and the principal, the counselor, and some of the teachers make me feel uncomfort- able because they know that I'm Mark's brother and Mark Sr.'s son. The principal and the vice principal are usually just the same way to my mother as to me. Joya and IVIark Davis Sr. " JOYA DA'VIS: Whenever there's a problem with one of the kids, I'm the one they call. They feel that because I'm white, they can deal with me since I m going to understand the problem they are having with my child. I've had the prin- cipal say to whatever adult was present, "Oh, you can talk to her, she knows." MARK DAVIS SR.: I'm thankful of this Committee being here and having the opportu- nit}-, like other parents, to let you know what our children go through and what we expect to be a part of our kids' education. This isn't just Burhngton that's a problem. There's a problem in other parts of Vermont. The type of mentahty you're deahng with is one of intimidation for speaking out. You have seen the letter my wife sent you regarding the boy saying something to my son and 1 called the school. I didn't make a threat or anything. It's really sad that it's that easy for a parent to call a school and to tiy to have a con- versation about the conduct of another student and they can completely take what they feel I said and misguide rt and -have the pohce charge you with something that you never even said. Currently 1 have a no trespassing charge on me prohibiting me from entering school grounds. '■^ Davis testimony, Burlington Transcript, pp. 244-64 because of a football coach that perceived that my words were threatening. How can one per- ceive threatening when you call somebodv and ask to discuss my concerns about one other stu- dent using filthy language to my child? 1 don't think that's threatening whatsoever. The proof is nght here in the letter that the school sent me. What bothers me is that the assistant pnnapal. principal, superintendent, didn't have the de- cency to spell out the word that this student said. DISCUSSION MR. TUCKER: Were you given a hearing about this no trespass warning? MR. DAVIS SR.: No. They served it by certi- fied mail. This was the second trespassing charge against me. MR. TUCKER: What you're saying to me is that an arm of the law served you with a notice that said you were not allowed on school grounds, but you never had a hearing? MR. DAVIS SR.: Yes. The letter says you may not enter on school property except to pick up and drop off your sons, and you must stay in your vehicle at all times. MR. TUCKER: When's the last time Mark Jr. participated in any sports in Vermont? Did he play ball? MRS. DAVIS: About 9 seconds. MR. TUCKER: So he hasn't been allowed to play since he's been at the high school, but he made varsity in Seattle where the competition is really hard. MR. DAVIS SR.: In Seattle he played with some of kids that now are in the top 10 colleges in the Nation. I'm hurt for my son because this is about retahation. This summer we were driving by, and we drove up onto the school and I said to Brandon, "Go down to the football field and ask the coach is Mark welcome to play." And this particular coach told Brandon, no, he wasn't welcome. The reason why is because we've got too many kids as it is. And that was it. MRS. DAVIS: In April of 1996 they issued -him a no trespass then, -which -didn't even allow him to drop or pick up the kids and prohibited him from school property. We were told by the pohce that it expires a year later. When we moved back here, it had been over a year, so I called up the school and I asked if it was still in 16 force. And the> said no. Bygones were bygones and ever>-tmng was all set. And this letter is dated the very next day. It's disturbing the fact we didn't say or do anything wrong. I did what any parent would do. which is call up and let tnem know I had some concerns about another students language. I think the best bet is this: Leave Vermont. We are desperately trying to leave as soon as we can and never return. If we were to stay here. I'd ask the mayor of Burimg- ton if we would be welcomed in his city. We've only lived in one location in Vermont and we have always had problems there. Now when my son went down to the football field this summer, spoke with the coach and the players, the at- mosphere was just so normal. The coach and kids were extremely nice to us. I was talking to the investigator at the U.S. Department of Education Office of Civil Rights who's going to be handling the retaliation com- plaint that we filed, and he just couldn't seem to get off the subject. He kept asking me if my hus- band was big because I guess when the people were here from the Office of Civil Rights, they went back and told them my husband is a big guy. He kept bringing it up. Finally, I said to him, "Do you mind if I ask you what your race is?" He told me that he was white. I said, "What you keep asking me makes sense to me now." Ever since I got married that's been his biggest problem. Because he's big and black, he's a threat to people. I question how can these people help us if they've never met us and just talk to me on the phone. Ayana Al-Faruk " Existence of racism in public schools, Racial slurs directed at minority students I want to thank the Advisory Committee for coming; however, I have mixed feehngs. The fact that you have to come is quite insulting to me. The fact that we're still dredging this issue is very insulting. In 1997 African Americans and other people of color are still having to beg for what the Constitution said every American had, and that's inalienable rights, and -peace and jus- tice for all. That's still not true when it comes to people of color. '•' Al-Faruk testimony. Burlington Transcript, pp. 271-76. Listening to prior speakers has me ver% ai^- tUTDed about what's going on with cfiildrer. o: color in schools. You say that you nave nearc comments that made you realize that racism i.- abve and well in Vermont schools. Yes. it s ver> much alive and well, and 1 am not particularly sure that the school districts are wilhng to admit how alive and well it is. Or if they even under- stand that racism is entrenched in the school system here. It's been my experience that when you challenge people on it they oftentimes don't even know what you're talking about, it makes me readize that they're so entrenched m it that they don't even understand it. And to me that's more dangerous than someone who's being racist straight out. I don't thmk that the people who are being racist realize that racism affects eve- rybody. It just doesn't affect the children of color. Ultimately it's going to affect this entire covintry. In the 21st euid 22nd century, we're not going to be where we need to be because we're so busy trying to keep other people down. I have four sons that go to school in Burling- ton. The first day in school, girls were throwing their phone numbers at them which really un- nerved them because they haven't experienced that before. It was as if the girls tried to make them not himian, putting them into an alien kind of category, exotidzing them. I don't think people realize that doing that is totally racist. I have a 16-year-old son who attended Ed- munds Middle School. He had the experience of going to a track meet last May or June at U-32 High School in Montpelier. And as he was get- ting ready for a run, there were two or three high school students milling around. One of his teammates heard someone rail him a nigger, and she said, "Muji, I think he just called you a name." W^at he had said to my son was, "run, nigger, run." After that the entire Edmunds Middle School track team went to their coach to tell him what had just happened. The coach, in turn, went to an administrator at U-32 who came out to my son and challenged him like he was the perpetrator. My son told her that she needed-to get her facts straight and find out ex- actly who was the victim and who was the per- petrator. U-32 ultimately made the boys write letters of apology, which were not sincere. The school ultimately wrote a letter of apology to Edmunds Middle School. What I'm saying is that 17 this can happen so easily because it's gone on so long unchecked I think tha: the.Burhngton school system and Vermont generally kkes to pnde itself on being hberal and progressive. Being progressive, how- ever, does no: mean anti-racist. My quesuon is how do you treat African Americans and other people of color in the school system? What I want to know is how my children are going to be treated, and I'm not happy with how they have been treated already. The white community is very invested in maintaining their children's emotional weD- being. But these are the same people who do raast things to African American kids. What about their emotional well-being? I don't think the school systems see that as a priority. Leslie McCrorey Wells '* Use of curriculum matenals promoting racial stereotypes I have a 9-year-old daughter. Several weeks ago she approached me with a book that she was to read for her 4th grade reading class. She asked me just to read the back cover. She said it didn't sit well with her because of the way that it talked about, quote "the Indian and how this young white boy and his grandmother were try- ing desperately to escape from him by taking a raft down nver." I praised her for noticing the negative images and for bringing it to my atten- tion. After reading the first two chapters, I spoke with my daughter's teacher to ask what she hoped the children would gain from this book they were reading, a book that I perceived as extremely racist. She informed me that they were doing a unit on Native Americans and that the aim of this particular book was to get the children to understand the American grit of the boy and his grandmother. After a brief discus- sion, she told me that if the children don't bring up the issue of the negative images, she would in their discuBBionB. I fiiushed reading the book and realized that the image of the -Indian remained constant throughout the book with phrases such as, "they got animal noses, they can smell you out" and there is never just one Indian," and "you don't '* WelLs ustimony. burltnglon Transcript, pp. 276-82 see them until it's too late' and then culminating in a final chapter which depicted how seven In- dians were caught after they burned out and murdered several of the good white settlers Needless to say, there wasn't any other message m the book except that Native Americans were savages. The following letter was sent to the school by my daughter's father: I am wntmg in regard to the curriculum in my daughter's reading class, specifically the book in which the class is now required to read. TYouble River, by Betsy Byars. I find the depiction of Native Americans quite troubling indeed. Describing Native Americans as savages with animal noses perpetuates stereotypic hes, and the presentation of their culture as solely bent on the stalking and murder of white women and children is reprehensible. The Native American culture is so rich and so fulfilling, how could anyone stand by and let their children read such Ues? It is to my daughter's credit that she was able to recognize these stereotypes for what they were and bring it to our attention. Leslie and I have dis- cussed the issue and are in agreement that if the book is to be read in class, [our daughter] will be allowed to leave the room and read a book in the learning center. While Leshe and I do not and should not have control over the curriculum, I urge the faculty to be critical thinkers and to constantly re-evaluate the curricu- lum. A book written in 1969 should be carefully evaluated for stereotypic and racist depictions re- gardless of how many awards it has received. At any age, people are inclined to beUeve what is written in books, but young readers are particularly susceptible. It is up to the educators to evaluate the reading mate- rial carefully so that harmful stereotypes are not per- petuated through yet another generation. This letter prompted a meeting with the prin- cipal and the teacher. I was particularly dis- heartened with the meeting, but the moat sig- nificant part for me was when my daughter's teacher told me that she was embarrassed for having missed the stereotypes. But she had re- alized-that it- was because she doesnt notice stereotjrpes. Now I'm not here to say this is a bad person; I am saying that she is a part of an insti- tution that is not fit to teach my child or any of our children. I am fully aware that she does not stand alone. 18 Thus 1? a perfect example of the American educational system 1 am here to say tnat this t\-pfe of education is absoiutei> unacceptable. When a 9-year-oid stands alone not only identi- fying but articulating the stereotypes within the literature that has been endorsed and legiti- mized by her teacher, then I say this is unac- ceptable and the educational system and society that allow it to continue are morally and ethi- cally vacant It IS unacceptable that I have to choose be- tween taking my child out of a class and risk her feehng that she did something wrong or leaving her in a class with a teacher that doesn't recog- nize the existence of a problem with depicting Native Americans as savages. The book is still being read in the class. For those who read this report, I urge you to please develop a sense of urgency about racism within our schools. All of our children are being diminished. If you are in a position to receive this report, you are most likely in a position to do something about it. You have an obligation to aU children to be a catalyst for chamge. Don't allow the legacy that parents of children of color have had to pass on to each generation continue, the legacy of picking our children up at 2:30 and attempting to repair the damage that has been done to them during their school day. Raasm is not a problem or an issue; it's a way of life. Leigh Lamphere " Systemwide approach to cumculum selection I'm a pubbc school teacher and the parent of two biracial sons who go to the school where I teach. One IS in kindergarten and one is in 1st grade. As a family we haven't personally encountered Strong acts of racial harassment, so it would be easy to say that that term doesn't apply to my family and children, but I think it does. Last year my son was standing in the hallway at People's Academy m MomsviUe; he's a kin- dergartner, and the kindergarten is housed in the high school. A junior high school girl widked by and spit her gum in his face. Was that racial harassment? It felt like it. -There wasn't any ex- change of words. It's sometimes hard to know if that was a raaally motivated act or just pure crassness and stupidity. I'd Uke to speak about the lack of an eniicn;- ened approach in the school cumculum. 1 teacr, music in the school where my sons go. and 1 n. careful to bring a lot of music from a lot of differ- ent cultures. As far as the rest of the curriculum goes. It disturbs me that it is primarily my sons kindergarten and first grade classrooms that have picture books with children of color. The reason they have these materials is because I ve provided them for those teachers. It disturbs me that if you happen to get the right teacher and It's February, black history month, you might get to learn about Rosa Parks or maybe Dr. Martin Luther King Jr. and maybe not if you're in other classrooms. That's probably the most that you're ever going to learn about the avil rights move- ment. When you get to 6th grade, you're going to learn a little bit about the Civil War and you're going to talk about slavery, but you won't talk about the real issues. We don't have a national or statewide cur- riculum. I don't want to have to be the one that provides that education for my children exclu- sively, because it's not just my children that need that education. And I don't want to have to enlighten every teacher that my children are going to have and provide books in the classroom so that children are exposed to all the things that they should be exposed to. I would like to know that my children and all of the children in my school are going to get a comprehensive edu- cation which IS not strictly Eurocentric. It's November and so we're going into a unit on Native Americans, and you might be in the classroom where the teacher actually calls the Native American a Native American instead of Indian, but you're going to sit around and make headdresses and pretend that you're in a pow- wow. What httle bit is touched on in the cur- nculum IS very often sort of tokenism or a kind of tourist approach. 1 respect my colleagues and I don't feel that most of them are blatantly rac- ist. I think that they don't really get it; they don't understand. They say, "But in February we talked about Rosa Parks," and they just don't get that thatfi all that they did and that's all that my children will ever know about their heritage. '5 Lamphere testimony. Burlington Transcript, pp 284-90 19 DISCUSSION MR CHEXEY: Do you know if there's been any systematic review of the cumculum at Peo- ple's Academy with a vaew to this"^ MS. LAiMPHERE: I'm certain that there has not. Im at the elementar>- school, but I can speak for our school, absolutely not. MR. CHENEY: The textbooks that are in your school, are they all of the type you de- scribed where it's pretty much all white? MS. LAMPHERE: No. You're not going to buy a language arts book that doesn't have cartoon pictures of people of all different races. Is Afri- can American histor\' or any people of colors' his- tor>- really talked about in the schools? Not really. Mary Allen McMaster '* Teachers, staff, and administrators modeling unequal treatment toward minority students I teach African history at Castleton State Col- lege. I came to Vermont m 1988 because I thought It would be a good place to raise a child. I didn't realize that I was making the biggest mistake of my life. Within the first day my child was already in danger. When my son walked up to get the mail, he noticed that the next door neighbor's post and holder for newspaper had fallen into the road. He tried to repair the box because he thought it could cause an accident. A man in a truck pulled over, opened the right- hand door screaming at hun jumping to the con- clusion that he was a vandal. The swinging door caused my httle boy to have to throw himself into the ditch to keep from being hit. The first time my son walked down the hall at Castleton Elementary School, a child reached over and knuckled his hair. That was the begin- ning, and It never stopped. After a week at Cas- tleton my son had really changed his identity because in preschool in California he came home one day saying, 'Tou know, Mom, there's so much talk about black and white. But look at me, I'm not black. I'm certainly not pink like you. Would beige be a good way to describe me?" After a week at Castleton he was black, and I think this was extremely healthy. He chose to identify himself as black because the other stu- dents were brutahzing him for being black. I '* McMaster testimony. Rutland Traiiscnpl, pp 6-33 knew of another bttle boy around 5 or 6-yearp of age who came home before the end of his first week and screamed at his mother. "I m not Afri- can. I'm not black: I'm white, you're not my mother, and I hate you." In the 3rd grade at Castleton Elementar.- School, my son came home and said after one day of school, "They won't keep their hands off me." I went to the principal and I pointed out that the psychologically sound way was to em- power him to allow him to raise his voice in the hallway so that a teacher could overhear him sajdng, "Get your hands off me." They told me he would be punished for raising his voice and that he was to sneak when nobody was looking and tell a teacher what had happened. I said, "I'm not going to have you turn my child into an in- former." So they instituted a policy whereby both students were considered equally responsible whenever there was physical contact. When an- other boy wrapped his legs around my son's legs, my son was the one punished. Within a few weeks I was going in regularly to see what was happening in the schools, and at lunch there were probably 150 2nd and 3rd graders. They were allowed to talk, so there was sort of a gentle roar. All of a sudden the teacher in charge of the lunchroom descended on my child grabbing him and shaking him and shrieking, 'Tou're the cause of all the noise." Every kid in that school knew it was illegal for her to lay hands on him, so every student was shown the rxiles don't apply. You have a problem and you can work it out on the dark kid, and that's exactly the message that is coming down from the highest quarters. It's not only emotionally exhausting for these students, it becomes physically dangerous. It's the comfort level of the teachers, the employees, the administrators in the school system. If my son were retarded, they would be very comfort- able with him. They would be very gently pa- tronizing, but at Castleton Elementary School it became apparent probably within the first week that he was the brightest kid in the school, and that's-what the-problem is.-The abuse was sys- tematic and pervasive. They tried to lower his performance to the level of their racist comfort. I took him out of Fair Haven High School in No- vember of 1994, and he started his senior year in a high school last September outside the State. 20 DISCUSSION MR. HOFF: Did he have anv fnends'^' MS McNL\STf^R He was ver>- popular has first year at Fair Haven. In his freshman year. 1 made the mistake of going to a counselor and explaining that because the verbal abuse was so pervasive, my son s way of dealing with it was to take a day off now and then. And I suggested they tell his teachers that his absences are not frivolous, explain that it is due to the racial har- assment, and to do some consciousness raising so that teachers and administrators will be on the lookout because he cannot and will not implicate the perpetrators. I learned from one of the teachers that the counselor told his teachers that he had psychological problems. MR. CHENEY: You described this disapline pohcy that's so obviously unfair that the victim gets the same treatment as the perpetrator, but did you try to pursue that with the authorities? MS. McMASTER: My son made me promise that I would not do anj^thing to make it impossi- ble for him to continue in school. I spent part of every day week after week with this pnnapal. And when my son was punished equally, I just came and had lunch with him every day. I got an ally in the school counselor so that when my son would come home in a rage because of something that had happened, the school counselor would go and check it out. Before my son entered the 4th grade in 1989, I told the pnnapfd he could either do what was sensible, look at my son's test scores, look at his grades, watch him on the athletic field, or take the easy way out and pro- mote him or you can put him m that room with the woman who attacked him savagely. This principal had a habit of refusing to speak to me. I once sat for half an hour after asking him a question; he just sat there. And a week later I got a caU saying, well, he could have a 6-week trial in the 5th grade and then never heard any- thing else about it. One day my son came home and was fused with rage. It seemed that in phys- ed there was a game where the teacher was sup- posed to throw the ball underhanded. Instead, he threw it overhand -at his head. S& I went to • my next door neighbor who was the counselor at the school and checked it out. He said, "You're absolutely right." And when asked why he said, "Oh, well, your son is so physically gifted I have to challenge him." The other phys-ed teacher had found another way to challenge mm and this would make him a panah because kid? are verv- competitive. It was a team sport, and what- ever team my son was on. if it was ahead, me teacher would come in on the other side So whatever team my son was on was never al- lowed to win. MR. CHENEY: We've heard testimony re- garding the futility of making complaints, but some people know the Human Rights Commis- sion exists, actually had some good results. Did you try to complain to the Attorney General'' MS. McMASTER: My son made me promise not to do any of this, and then he just one day said, "All right, mom, take me out." He explained that a student who has had severe learning problems, who had been mainstreamed at Fair Haven High School because he was a good foot- ball player, would harass him. I asked, "How often does this happen?" He explained that every single day that he has been at school that year, the student would come over, sit down, grab what food he wants off my son's tray, throw gar- bage and then say, "Dump it, slave." The last day my eon was there, the assistant principal was present while this football player went through this routine. The assistant principal just sat there talking with the football player while this was happening. It was at that point, my son said, "It's over." RABBI KITTY: Was your son ever assaulted on the way to or from school ? MS. McMASTER: The school bus stops at our driveway, and regularly she would go by and leave him. She could see him before she made her turn back up in the driveway, but if he weren't standing at the edge of the road, she would speed up. He had to be very careful on the school bus because if somebody grabbed him there, he could have been off the bus. MS. SAUDEK: Did your son partiapate in school sports? MS. McMASTER: Yes. And I was really stunned when I saw that coaches would rather lose than play him. My son spent a lot of time perfecting his soccer «kills. He-was the second or third best soccer player on the 9th grade team at Fair Haven. When it came time to substitute a player, the young coach of the team could not leave the black kid in and he took him out and, of course, the goal was scored nght where my 21 son had kept this area covered. I realized, mv God. tms voung man doesn't know why he couldn't honor my, son by saying he s one of the top eight or ten players on the field, "^ou had to take him out and degrade him even if it meant losing the game The week before I took my son out of Fair Haven, parents of three other students came to me and said, 'Tou must get him out. he's in physical danger." One person s daughter saw my son pinned against a corridor wall by five or six larger students who were fronting him. Of course, if he reached out to try to push his way out, he would have been guilty of making con- tact. The girl very quickly walked over, took my son s hand and led him away from the other stu- dents. W^en she later came home, she was al- most hysterical. She said that her mother was one of the people that came and said, "You must get him out." MR. TUCKER: A lot of people called the Hu- man Rights Commission and are told you can file a complaint but there's a big backlog. They're not very encouraging about taking legitimate complaints. A number of us are looking for al- ternatives, and one is to just take a class action suit against the State. MS. McMASTER: May I say I think that's the only thing that's going to work unless we get the United States Attorney General to send Federal investigators in. MR. TUCKER: This is one of numerous com- plaints that you will hear from Afro-Amencans and other groups who want to use that office only to be told there is a big backlog. So that's already setting up a climate of "We don't want to hear this and we don't want to respond." 1 don't know how I could be a State official or a person in office and not be appalled. MS. McMASTER: I think they're selling the citizens of this State short. What we have here is a conspiracy of silence. I know a number of peo- ple who will give you testimony if their names are never pubUshed. The Office of Civil Rights enforcement of the Vermont Attorney General has not enforced the law. As a -jnatter of fact, when I called wanting to know when this meet- ing was and its location and tune, I had a call waiting for me yesterday saying they couldn't tell me. Barbara Linton " Racial harassment incidents throughout pnmary and secondary school system. Investigations by Human Rights Commission I'm in an interraaal marriage and have two children. Sheila Mane, who is 19 and out of high school, and a son, David Andrew, who is 22. We've hved in Vermont for more than 20 years, and my children attended schools in southern Vermont. My children were in the school system from 1984 to 1996. One of the things I was hoping when I first moved here was that I wouldn't have to have another generation of black children growing up with prejudice and bigotry always at their shoulder. We have five generations of black men and women in my family who have faced preju- dice in everyday life such as someone following us in a store because they t.bink that something is going to get stolen, or attending a school func- tion and having some little kid call you Aunt Jemima and nigger. The violence and the verbi- age no doubt followed my kids back to the house. It was very Hiffimlt. at times for my husband and I to deal with what was just them and what was really happening to them. My son's experience was a httle bit harder, not to say that hers was- n't. Hers, being a second child, I knew a httle bit better about how to protect her and how to be in the classroom ahead of the teacher. My son has dysgraphia and some reading problems. When he was in 1st grade, he had a teacher who kept telling me that he had a be- havioral problem. The teacher kept labeling him as disobedient and disruptive. So I went to this teacher and asked to have my son tested; how- ever, she disagreed and thought he was merely disruptive and disobedient. DISCUSSION MR. CHENEY: I've heard from other wit- nesses that, like your son, said that he was dis- ruptive or disobedient and that somehow the kid deserves what he's getting from the other kids because he's that kind of a kid and the school tended to- blame him rather than seeing that maybe he's disruptive or disobedient because of things that are being done to him. Do you see that kind of scenario going on? '' Linton testimony, Rutland Transcript, pp. 42-128. 22 AIS LIN'TOX: Its true, but you have to un- aerstand we re talking about white adults wnc want to keep the status quo. and the only way that they re going to be able to do that, either through color, race, or economic lines, is to sepa- rate our people and our children. We used to have to walk our children back and forth to school because they used to get beat up on the way home. One day my sister went in to pick up my son and apparently one of the stu- dents had said a racial epithet to him. My sister immediately told the teachers that they shouldn t have corrected the child. Later I re- ceived a call from an administrator who told me that my sister s banned from the school because she was violent. Rather than cause problems, my sister stood outside. They were so indignant at the fact that there would be a black aunt or mother who would actually say to a white child, "Don't do this." MR. TUCKER: They didn't like being con- fronted. What would they consider someone who IS black that confronts them? MS. LINTON: Violent. So every day I was up there in my son's classroom making sure that his teacher did her job. And I was told that I wanted special privileges for my children. I never asked for It, never got it, but nevertheless, people think I got special privileges. There were a lot of chil- dren and parents in Brattleboro who suffered in silence. I know of approximately 50 parents of color who had children m school who were being harassed over the years, but it's more now than before because Brattleboro is an exploding population of children of color. In 1994 the Inuits came to my children's school to raise money for a dam being built in Quebec. My children were on a panel of students who were hosting them as guests. They were taking them into the gym to have a cultural talk about what was happening in relationship to these indigenous people. The white children ex- pected these people to have teepees and wearing war paint. It got so bad that the people left and all the children went back to their classrooms. There was not one teacher or-counselor who apologized to those people. It was left up to the children of color (my daughter and my son) who stood up for them in that gym. MR. TUCKER: In your travels through the community in '96 and '97, what have you heard parents of color talking about"' Is i; or. tm grapevine that there's still problems in tne Bra;- tleboro school^ MS. LINTON: Yes. Most de&mteiy. Tnere are raaal harassment policies in effect now du: from what I understand, they are not enforced There are still incidents that are happening to children that people tr>' to explain away . MR. TUCKER: When you say "explain away." what do you mean? MS. LINTON: When two kids are fighting, the only child that gets taken away by the pohce IS the black child to court to face assault. But what's so sad about it is these teachers are still teaching and they're still doing the same thing to other kids that they did to my son and daughter. W^en my son was in the 3rd grade he came home one day and said, "Ma, cut my hair." Ever>- day this child was in distress. One day his teacher was telling ^'m that he was going to take a lawn mower to his head unless he cut his hair. And so this poor child was in such emo- tional distress. And he said, "The kids in the classroom make fun of me all the tune because the teacher says that and then they repeat it." So I called the teacher up and he admitted say- ing it but claimed it was a joke. I told him that when you joke with an 8 year old and tell him to destroy a part of what his heritage is, how can you have those white boys and girls teasing and laughing at him in your class? Later he told me since the pnnapal was away that day I was not allowed in the school anymore. I called a couple of fnends of mine, made a couple of signs, and stood in front of that school all day. I had about 10-15 people standing m front talking about ra- asm. And I had the teacher's name plastered all over those placards. The school did not fire the teacher, so we picketed again the next week. An 8-year-old boy who comes home hysterical because he thinks he's going to lose what is his biological heritage, his hair. He can't do any- thing about his facial features, his skin color, or his hair. That is his heritage, that is who he is, and for somebody who bebeves he's not of color to say that he'* .foing-to destroy — that meant that he was trying to destroy my son. Now I'm going to tell you my son is going to be 23 in March 1998. This man has never apolo- gized to my son for what he did to him. When he met hun again when he was dean of students at 23 the high school he tned to mess with my son then but mv son was older and able to defend himself. Ke coulda't say the same things to my son that he could say to him when he was 8. We lust made sure that he didn't have an>thing to do with my son. didn't teach in any classes my son was taking, or have any decision power over my son. DR. JOHNSON: You mentioned that several parents ask you. "Barbara, what should I do?" Is It useful to do something in a written form so that parents can have ideas about strategies of what to do regarding teachers? Your son helped teach vou for your daughter, but there are many parents who are going into this for the first time. How can we help more parents be stronger in deahng with the school? MS. LINTON: Take that law mto every school district and sit down with the superintendent and all the pnnapals. Command them to come to a meeting and then invite parents. If this Committee went to every school district and of- fered to take the complaints back to Federal authorities, we could initiate a class action suit on behalf of all the students of color m Vermont. This would make them do what they need to do. What would really help would be if this Commit- tee were to issue a Federal mandate that the State of Vermont and its school districts do not receive money until they clear up these problems they're having. There's so much injustice and there's so much grief and pain children are being scairred every day. And there's nothing that can be done to help those parents in that way. If we're talking about parents being more poUtically active in their school district, 1 think that parents already are because they're speaking up. It's not a ques- tion that they don't know how to do it or won't do it; It's because they feel it would be of no use. DR. HAND: You spoke about your protest and how it seemed to have httle negative impact on It. I'm interested in what the systemic reac- tion was. Obviously, the system promoted this man. MS. LINTON: By the -time he was dean of students, my children were almost out of high school. We were embroiled in a bitter case with the Human Rights Commission and were trying to settle issues of discrimination and racism in the district. So his becoming dean of students was not on my priority bst other than keepinc him away from my children. But he's still dean of students. RABBI KITT^': When you called around to your friends to protest, was it only black families that came to your aid or did you find that you had more general community support? MS. LINTON: I have friends in the commu- nity who will do things at the drop of a hat and are not afraid to do it. Some are afraid to do that. RABBI KITTY: My question was to gather a sense of how alone or how supported you felt m the community. There's a sense that parents of black children are alone, that no matter where you go you're stymied because no one will sup- port you in supporting the law. MS. LINTON: Nobody. That's true. It still exists like that today. My son's physical educa- tion teacher once claimed that my son was in- subordinate and tried to have him suspended. They were playing tennis and my son hit the ball and it went out. Now he didn't hit it purposely, but the teacher said, "Okay, I want you to go out there and get it." He didn't send anyone else out- side the gate to get balls, but he told my son to get it. My son was old enough to tell him, "If you want those balls, you're going to have to go get them." Every time he was in gym he would make a comment about how he wasn't doing something or claimed he didn't have coordination. I think they teike a look at him and know he's one strong black man, one more, and they don't want to have that. They want to destroy his life, to take his sense of self-esteem, and destroy the very essence of who he is by making Him less than a person in the eyes of his peers and other adults regardless of what color they may be. These peo- ple shouldn't be teaching anymore. They should lose their jobs. The counselor that my son reported all his feelings to in private admitted that my son was- n't the only one. One particular teacher liked to pick on children who were overweight, children who were of color, children who had disabilitieB. You name-it, he was abusive. And all these chil- dren were coming to this particiilar counselor and teUing him. I urged this counselor to report this to the principal and superintendent. "You're trying to put words in my mouth," was the first thing that he said to me. I said, "Do you realize 24 what vou're doing'' You're telimg me that you're hearing that these children are being abused. that these children are reporting to the school doctor what's happening to them, their parents are telling you. I'm telling you." This man is still teaching This man is still being complained about in the newspaper as of a month ago re- garding this abuse. MR. TUCKER: You're saying that 8 years ago he received complaints from you and 8 years later he's still being complained about m the newspapers'* MS. LINTON: Right. And others. MR. DIAMOND: Do you perceive white par- ents who had children of color as being treated the same way you were treated and in your judgment had any more success in dealing with the school administrative structure? MS. LINTON: I don't think so. I think people are just as bold to white women and white men who have children of color. They're perceived as parents of black children and children of color. MS. SAUDEK: From news stones I've seen and heard. I have the sense that black kids in this State have even more difficulties when they participate in mterscholastic sports. Did your kids participate in sports? MS. LINTON: Yes. There might have been some incidents, but their teammates usually took care of it quickly, and they had good coaches. I can't address what's happening in other parts of the State where there might be more isolation of students of color. My son and daughter were integrated in the school system for a long time until they reached junior high and high school, and then there were more stu- dents of color. There have been hundreds of incidents that I have reported to the Human Rights Commission. Two incidents I will describe happened to my daughter: 1. While in the 7th or 8th grade, they had elec- tions for class presidents. Everybody would give a speech before the class and then stu- dents would vote; And they had- the right to make up flyers and post their positions in school. My daughter did that, but then when she came back to school none of her posters were up. Everyone else's posters were up, not hers. This happened for a couple days m a row until she caught a kid taking tneir. down. And he said to her "You re not goinc to get elected: niggers don't get elected anv- way.' Needless to say that my daughter was not elected, nor was there a student of color elected that year. But because of the con- tinuing effort, the next year a student of color was elected. White students have their own Uttle cliques. They leave students of color out of simple things such as voting on class presidents, choosing the king and queen at the prom, etc., because they re not the image that they wish to present. 2. Also in 7th grade or 8th grade, my daughter had a substitute for art class, and the rule was that if you needed to go to the bathroom, you took a tag off the wall and went down- stairs to the bathroom. And because I fre- quently go into the school, I noticed kids walking the corridors, going back and forth to the bathroom, and peeking into other classrooms and 8a3ang hello to their friends. Well, my daughter just happened to do it that particular day and she asked the substi- tute if she could use the bathroom, and she proceeded downstairs to the bathroom. AH of a sudden the substitute teacher is screaming at the top of her lungs for my daughter to come back. The principal hears a teacher calling my daughter's name. He wanted her to go back upstairs and answer her teacher. He stood in front of her and grabbed her and tried to stop her and force her to go back up- stairs. She had to run from that pnnapal (who's still principal of that school) out the front door, around the back of the school, with him and another teacher chasing her so she could go to the bathroom on the other side of the building, urinating in her pants in the process. I received a phone call from the pnnapal who claimed my daughter was in- subordinate, and that he was going to sus- pend her. In the 10 minutes it took me to get to that school, they had the assistant super- intendent and a -police- officer there to deal with me. When my daughter came home the next day she had bnuses on her arm where he put his hands on her. Nothing happened to this man nor to the teacher who chased her and violated her privacy. 25 All the times that my children were walking back and forth to grade school and junior high school, all the times that students used to follow tnem home call them ever>- kind of racial epi- thet in the book, throw stones and rocks at them, physically beat them, tear their clothes off their bodies not one pohce officer could ever get to that school to get those children who were in those classrooms who were doing it. No one could ever knock on these parents' doors. No one understood the meaning of racism. And these people are still teaching these children. MS. ELMER: You've mentioned a number of times you filed complaints with the Human Rights Commission. Was that an effective sys- tem for you? MS. LINTON: Sometimes it was and some- times It wasn't. Sometimes you can get a phone call and people straighten themselves out, but for the most part, no. It's very hard to prove and they can always explain something away. It wasn't right what happened to her, it was a mis- understanding, but nobody could explain away those bruises. MS. ELMER: What recommendations can you make to the Human Rights Commission or other State agencies? MS. LINTON: Teachers who do this should be fired immediately and something placed perma- nently on their record if they want to be able to work in another school district again in the State. My son had an art class when he was 12 or 13 and there were 15 to 17 kids in that class. And the teacher purported herself to being a woman who understood diversity. And there were three boys in this class who used to taunt my son on a daily basis by calling him a monkey, telling him that his eyes looked Uke girls, or his hair looked like he had put his hands in sockets, or push him around. So my son exploded in class one day and beat them up. The pnnapal and the teacher who said she didn't hear anything had my son taken out of the school and down to the poUce station. No administrator called me and told me that's what happened to my son. My -son was in the pohce station for 2¥t hours. They had charged him with aggravated assault, disorderly conduct, assault on a pohce officer, etc. The State's Attor- ney wanted to take my son out of my home, put him in a juvenile facihty as a — behavioral prob- lem. My sons lawyer went to the district cour: and argued that this was a racial attack. All of a sudden everything went away, the assault on the pohce officer, the aggravated assault on three kids. And they said, "Well, your son was a httle aggressive. We'll just give him disorderly con- duct and he cein go to diversion for that so that he can manage his anger." And I asked, "What happens to the other students involved?" Noth- ing. So if it wasn't for the fact that I was his mother, my son would have had a pohce record and removed from my home as a juvenile of- fender, for what? because he didn't want to be called monkey or nigger, have his faaal features be made fun of, or jeered and taunted in the classroom? MR. CHENEY: Did the Human Rights Com- mission get involved in that case? MS. LINTON: Yes. They did find sufficient grounds regarding the incident. On that par- ticular case the school settled. The Human Rights Commission filed a court case, and the school district had to face the fact that there was racial harassment and that what they did was wrong. There are just too many incidents. I can't tell you the numerous times that my husband and I had to sit down as a family and try to figure out how we were going to keep our children safe and to make sure that when they got older they could walk to school together with their fi-iends. Maybe two or three times a week I walked into that school. I couldn't sit in the cafeteria without some Ist, 2nd, or 3rd grader calling me, "Nigger, Aunt Jemima, jigaboo," or walk on the play- ground without some kid throwing a rock at me. When my children got to be in 6th grade, kids from the junior high school and high school used to come down, and when the children of color were outside plajning they used to be along the fence saying that they were going to get him. I had one kid that 1 had to chase with a basebtill bat out of my doorway where he had followed my son home and was beating him. The Human Rights Commission was faithful enough to take ■the report and iavestigate, but for the most part they did not find grounds to support the charge. MR. TUCKER: Have you had any instances where you filed with the Human Rights Com- mission or with the Attorney General's Office for Civil Rights that were not pursued? 26 MS LIXTON: I can't tell you how many. Ever>- week my children were in school 1 filed with the Human Rights Commission. MR TUCKER: I would like to have some es- timate. Would you say 20 times in your life that vou filed over 20 reports with the Human Raghts Commission? And how many were acted upon? MS. LINTON; More than 20 reports were filed. One was acted upon. MS. SAUDEK: The others were investigated? MS. LINTON: They were. I'm not saymg that they didn't investigate and make phone calls. There were some complaints that they didn't follow up on because they were not suf&cient grounds for them to be able to act. Then there were others when they did not find sufficient evidence of discrimination. There was only one that they acted on and settled with the school district. In one case when my daughter was in junior high school, a female art teacher put her hands on her and threw her up against the wall. I sued her myself because no lawyer and the Human Rights wouldn't take the case. MR. TUCKER: You're telling me that you had evidence that a teacher abused your child physi- caUy and that the Human Rights Commission didn't take it? MS. LINTON: That's right. MR. TUCKER: The State Commission on Civil Rights didn't act on this either? MS. UNTON: No. MR. TUCKER: When you exhausted those, did you go to any government agency? MS. LINTON: I called Boston, the Office of Civil Rights and Department of Education and they didn't act on it. MR. TUCKER: And you sued? MS. LINTON: Yes. I filed the case in New- fane Superior Court and claimed a violation of the State Civil Rights Act and Pubhc Accommo- dations Law. MR. TUCKER: What happened with the case? What did they decide? MS. LINTON: Nothing happened with the case. They didn't find for- my daughter. Lyndia Cobbett " Climate of racism in the State. Actions t3y administrators in response to racial harassment incidents I'm from a biracial relationship, and I have two school-aged children, one of whom attends Rut- land High School. Mr. Hemngton (see presenta- tion below] is the decent side of what these peo- ple aren't. His summation of what Rutland schools are like is a fallac\'. None of these people serve in the interest of our children. We have to go there and act belligerent and defend our chil- dren for the little sick things that we know shouldn't be in schools. Recently my daughter was chased by a group of those people reported to be gang members. My daughter is picked on. She's having blatant things said to her such as slut, whore, etc. DISCUSSION MR. TUCKER: Are you saying your daughter is picked on in school and the school has done nothing about it? MS. COBBETT: They didn't. I thought the guy escalated the situation. He had tried to make my daughter responsible for what other kids would say, all the instigators, the kids in the school that knew this girl was after my daughter, make my daughter responsible for whatever the hearsay was coming from these other students. In other words, my daughter had no choice but to keep quiet. We discussed yester- day, "Why didn't you go to the pnnapal?" She didn't want to be a snitch. This is what I've been telling her to do, go to the pnnapal. Let them resolve it. This is going on right under her teacher's nose, and she's worried about what the other students are going say. My daughter's refusing to go to the appropriate people to let them know about It simply because she doesn't want her peers to think that and make the situation worse by that girl getting more ammo and her aUies calling my daughter a snitch and having to go to the poUce and others just to defend herself. I -think -all of it-is Tadally motivated and comes from within the community. We're just being a family picked on. And they're doing it 18 Cobbett testimony, Rutland Transcnpl. pp. 207-17, 224- 27,231. 27 throueh a child, and they're using this child to tn- to bring conflict on a family They're using mv daughter as another way of showing they don't want us in their community. They use these children to interfere. A lot of white kids, vou ask them. "What are you going to do when you grow up?' and they respond they are going to college. They are so certain and confident in what their life passage is going to be, they have this extra time to hinder our children's educa- tion. MR. TUCKER: You think what happens is the white kids have the privilege of treating these kids this way because they're so secure in what they re going to do? MS. COBBETT: They're confident either way they're going to pass. MR. TUCKER: No matter what they do, no- bodv IS going to do anything to them? MS. COBBETT: Nobody. MR. CHENEY: Do you know of other inci- dents of this kind where the parents do not want to come forward? MS. COBBETT: They were run out of town, and that's why they're trying to do it to me. We're not wanted in the town. These are tactics used to discourage us from hving here. Judy Adame ^' Presumptions by teachers/administrators that mmonty students are involved in cnminal activity I have a son who is 16, and he does not go to school anymore because he feels that the racism IS so bad in the school system that he refuses to go I'm from California. I moved here in 1995. My son was labeled a gang member because of his different ethnic colors. When he would hang around with his fnends who were of different ethnic backgrounds, people would consider the group as a gang. My son often wears baggy pants. In 1995, when my son was 15, he was walking to class and a school offiaal accused him of having drugs in his pants. They literally strip searched him in school. They took hie backpack -and searched everything on his person, his pants, his shirts, his shoes, took everything apart. They also ac- cused him of selling or doing drugs in the school ''■" Adame lestimony. Rutland Transcript, pp 218-31 system. I contacted an attorney and scheduled several meetings with the principal at the school and. coincidentally. even.' time the meetinp came, he canceled at the last minute for some reason or another. DISCUSSION MR. TUCKER: Did you report this to the Human Rights Commission? MS. ADAME: No. I didn't know who to go to I was just trying to help my son and reinforce him in the conferences. MR. TUCKER: Since part of the racial har- assment policy is to inform parties of agencies that are available to them, did anyone m that school say anything to you about that? MS. ADAME: No. I went to the school the next day because my son came home. I was not even called to be there when he was searched if they wanted to search him. I believe his consti- tutional rights were violated because he was not given the option to refuse to be searched. When my son came home, he was very depressed. During the evening he discussed it with me, and I was appalled. And I said, "I'm going to school with you first thing in the morning," and I did. I voiced my opinion. I told school officials they were being very racist. I said in essence, "He hasn't even been here very long and you're al- ready acctising him of being a gang member, a drug pusher. And I'm very appalled that you searched him without my permission and did not notify me first or give me an opportunity to be present while he was searched or even hire an attorney to defend him if he even had something on him." Ever since that day he has not liked school, refuses to attend, and wants to move out of this State. We're constantly having conflicts in my family now because of the difficulty with the school system. They think anybody who is of a difi"erent racial background is bringing drugs into the community and belongs to gangs. There once was an article in the newspaper which re- ported that every nonwhite person register with the police department when they move into Rutland. — — The other thing I wanted to add is his expres- sion to me is he felt the staff was very discour- aging toward him and very prejudiced toward him m relation with them thinking that he's a gang member. They did not have much verbal 28 contact with him or help him in his goals in compietinp ms subjects. And he felt uncomfort- able. A staff person mentioned to me that while at a meeting with school officials, other staff seemed ven.' prejudiced toward my son for some reason. The person said that she understands now why Richard was cutting school 2ind getting frustrated and discouraged because he's getting taunted m the hall with looks and namecalling by the teachers. Judy Arnado ^° Incidents of verbal and physical assault and response Py teachers 1 am a parent of a 16-year-old son and a 23-year- old daughter. My son currently is enrolled in the Mill River school district. When my daughter attended school in this district, for a full year she was spit on, her lunches were smashed, and her books were knocked over. We had phone calls all night long. She was called a Fihpino whore. One night we had to unplug our phone because it wouldn't stop ringing. The teachers and students ignored the problem. A young man approached her and frightened her so bad that she thought she was going to be hurt, and she defended herself. She begged me not to say any- thing because nobody would do anything. When my son got to high school, I came home one day and found him standing m our yard with tears running down his face. And I asked him what was wrong, and he said, "They're calling me Oreo and they're calling me nigger." He was in chorus, and they were kicking the chair when he stood up into the back of his legs. He asked me to sell my house and move because he didn't want to go to school. He didn't go to school for about 3 days. I have brought my children up to be very proud of their national origin. My son doesn't even want to play football this year because of the racial names. So it doesn't start in middle or high school. It starts when these children are born with their parents teaching them color- blindness. I've talked to the school and they just sweep it under the rug. I contacted the school and I was told on several occasions, "Oh, it won't happen again." The parents of these children would be horrified if they knew what was hap- pening. But these children certainly Knew wna: they were doing. DISCUSSION MR. TUCKER: How many tunes m the last year have you spoken to the school administra- tion about your son? MS. ARNADO: A couple of umes this year Three or four times last year. These kids have known him all his life, but they still call him these names. And he won't fight back because he knows you're not supposed to fight in school. He doesn't like to go to school: he doesn't do well My daughter spent a whole year in just terrible pain eind fear. She was afraid of the boy who frightened her. So it exists in the schools, and a lot of schools have poUaes about ethnic diversity at Mill River, but it's superfiaal. They sweep it under the rug and try to ignore it. MS. ELMER: Are the poliaes written in a way that could be used to your benefit? MS. ARNADO: I doubt that that would hap- pen. If I speak to anybody at all, it's to a vice principal or something and they're very padfy- ing on the surface, but nothing gets done after- wards. MS. ELMER: So they're pohte to you? MS. ARNADO: Oh, definitely, but that's about It. Maria Peliigrino '^ Racial slurs against minority students, Minority students' fear of repnsal I'm fi-om Puerto Rico and my husband is a Ver- monter. Last week I had the privilege to meet a wonderful family that had to leave Vermont. They were very hurt because since their son came to Fair Haven High School they right away said that he was a gang member. And I want you to know that there is a lot of raasm in school. My kids were called names and being humihated for so many years. When my son first came from Puerto Rico, he went to the elementary school and they were teaching his- tory and they started saying that Puerto Rico's houses were ail shacks- and they- were built firom CocaCola signs. My son tried to say that that was not true, and the teacher started humiliat- ing him in front of the class. I told my husband 20 Arnado testimony, Rulland Transcript, pp. 240-45. 2i PeUignno tesUmony, Rutland Transcript, pp. 245-52. 29 about It. and like a t>'pical Vermonter he said to lust Ignore it. And all these years my kids have complained tc m> husband about the name caliines They've been calling them spies and all kinds of things in school. And I tried to tell them just to Ignore it. But at the beginning of this year at Fair Haven High School, my son said that an- other student would stand in the middle of the stairway ever>- single day when he's going to go to school and let ever>'body pass except when it's mv son s turn to go upstairs he holds him back. The student runs m front of my son telling him he IS going to be last because he is Hispanic. Fi- nally, one day he told me, "I'm going to punch him. I just can't stand it anymore. He's no better than me." 1 said, "Don't do it; talk to somebody instead." He said, "Why am I going to talk to somebody? They know what's going on. They really don't care." I know there's at least one teacher that does care, but a lot of the teachers just Ignore it. Last year things got really bad. One student used to write racist remarks about blacks, Hispanics, and all people that are non- white. He also said that he wanted to be like Hitler. Last year one of the kids who they had a lot of problems with because he doesn't like His- panics or blacks or nobody was expelled from school, but he's back this year. And my kids are afraid that one of these days he is going to ex- plode. These kids brainwash other kids to be- heve what they bebeve. And they see our kids like intruders and ask, "Why do they have to come to Vermont?" I try to teach my kids to re- spect other cultures and to respect others. A lot of people don't want to admit that there's a problem. And they say that they like the way Vermont is and people who don't like it should leave. There is another kid that graduated last year that called my daughter all kinds of dirty names. She was always nervous and complain- ing. She was crying a lot and didn't want to go to school. And this year she wanted to move back to Puerto Rico. I can't stand it. I know that this is going to continue and if somebody doesn't -do -something about it, other new kids will be going through the same thing. Summary Parents articulated common themes of racial harassment. They referred to instances of physi- cal assault and raaal slurs committed against minont>- students, pointing out that some oi these were tolerated or ignored by teachers and staff. As a result, parents beheved that some Vermont schools had unsafe learning environ- ments and caused minority children to fear en- tering school and partiapating m school activi- ties. Parents identified difi&cult\- working with administrators and teachers over issues of race and felt there was a lack of respect and sensitiv- ity to minont>- student concerns. Parents cl£iimed that teachers and administrators are prone to assume that minority students were the cause of illegal activity or disruptive behavior. According to the parents, inappropriate teaching methods and curriculum materials also contrib- ute to promoting racial stereotypes and a climate of intolerance. Parents recommended that the State take appropriate action to identify and prevent racial harassment inddents, assist school districts to recruit minority teachers who can serve as role models in the classroom, and actively investigate each school's compliance with the State Anti- Harassment in Education law. They also added that teacher training be conducted to help ad- ministrators, teachers, and staff develop an un- derstanding and commitment for diversity. Teachers, School Administrators, and Support Personnel Six teachers, school administrators, and para- professionals shared their perspectives on the overall racial climate in Vermont pubhc schools and solutions for improving school climate. The paneUsts offered examples of teaching methods that promote racial stereotypes, ways to foster teacher responsibility and accountability for safe learning environments, and tools to improve school curriculum. 30 Table 2.2 List of Teachers," School Administrators, and Support Personnel Presenter Debra Stoleroff teacher Michael Henderson teacher Mary Jane Marchelewicz paraprofesslonal/educator Leigh Pfenning pnncipal, North Avenue Chnstian School Carol Ode chair. Buriington School Board; member of the State Board of Education Bill Hemngton counselor, Rutland Middle School Debra Stoleroff ^ Pervasive racial harassment in the school setting. Stereotype-promoting teaching methods, Labeling of students with emotional, physical, or teaming disabilities. Solutions for improving school climate I'm an educator and have taught in three differ- ent school systems in Vermont. I have hved m Vermont since 1973, having previously taught in schools in east Harlem, New York. Since enter- ing the pubhc school system in Vermont, I've seen more racism and harassment than I ever saw in any New York City school. In New York I was in a ver>' wonderful alternative school in east Harlem. We taught diversity training everj' day and it made a difference. I can say that there is a lot of harassment that goes on in Ver- mont schools, and it's not only towards African American children, it's also directed to Native American students, and children who are of dif- ferent rehgions or just of different backgrounds. Racial or ethnic harassment on the part of students, administrators, and educators and staff within schools is for the most part subcon- saous and, therefore, embedded in the culture of the school. Teachers do not pick out one culture as better than another, but when they teach about another culture they often do a short unit which only skims the surface and serves to ^^ Stoleroff testimony. Burlington Transcript, pp. 166-67. 183-e9. 195 strengthen stereotypes. For example in leacnmc general Native American culture, the fact tna; there are hundreds of differeni native culture-- in the U.S. is ignored. This creates stereot\-per When teaching about Native Americans, the fo- cus IS on a time that does not look at the present culture or question why the culture has evolved as It has. This also creates stereotypes. Done with the best intentions, teachers often focus on romanticized parts of the culture. Other stu- dents study general Native American culture from the point of view of westward expansion, which by its very nature looks upon Indians as heathens. In trjong to create neat hands-on ac- tivities, artifacts are presented as crafts rather than having the spiritual significance that helped to define the culture. Similarly, black his- tory is often taught 1 week in the year around Martin Luther King Day. Students celebrate the sufferings of slaves and jump to the avil rights movement and stop there. They are not taught to question what has or has not changed since that time. This type of study helps maintain the notion of "other" because we study the time as an object rather than as a living reality. Many children feel the effects of ethnic dis- crimination around hoUday time. One school in which I taught had a lovely tradition of having the staff gather at the doorway of the school on the last day before Christmas vacation and sing Christmas carols to the students as they came from the buses. Most children loved the sere- nade, but the message for the Jewish, Muslim, African American children who celebrated Kwanzaa, and children of other rehpons was that they were less important, not deserving, and second class. I had a Jewish child in my class who was constantly asking, "Are you Jew- ish? I can't beheve it." I was someone he could identify as being like him. He found this com- forting. Not a peep was made about Hanukkah or other hohdays at that school or celebrated at that time of year. In an attempt to celebrate diversity at an- other school, I and another colleague developed a celebration to^-enable us to celebrate all holidays whose major symbol is light, Hanukkah, Kwan- zaa, etc. We also studied the movement of the earth and the moon in the solar system; teaching students about the cycles of hght and dark on earth. We did this as a result of wanting to 31 oroaden our students perspective of the world not because we wanted to teach rebpon. The culmination of this month-long unit was a craft day in which many parents came to offer work- shops on making candles, lanterns, lip balm. moon cookies, etc. At the end of the day we would sing songs about the movement of the earth and taking care of the earth. The students would ofTer thoughts about the earth. We would sit in a circle, and talk about our environmental awareness. It was a ver\- successful program: kids and parents loved it. After the end of our third year of doing this a parent who did not have a child m any of our classes complained to the school board that we were teaching pagan- ism. I'm not here to talk about general discrimina- tion problems, but I think that raasm and har- assment due to disabilities overlap. In one of the schools in which I taught it was my experience that some African American, East Indian, and Asian children had leziming or emotional dis- abilities. Because they had problems within the classroom and because they stuck out ethnically, they were labeled by teachers. Teachers are role models for paraeducators and children. Once a child gets labeled by adults who unconsciously let their feelings be known, the children who are not as subtle as adults translate this into har- assment and start calling others discriminatory names. Children who are labeled because they have emotional, physical, learning disabilities and happen not to be Caucasian often interpret and translate messages internally such as "I'm bad because I am black, Asian, etc." For example, one time I walked into my office and happened to be going by a supply closet and there was this child sitting there and fretting. And I turned to him and I said, "What are you doing in this closet?" He said, "Well, they put me here." He went on to describe that he had gotten in trouble in his classroom and was sent to the office. The office in the school, which has many problems with disapline, couldn't deal with him and put him m the closet -to wait. Eiventually I took the kid out of the closet and took him with me. He was not in my class, but for years after that he would try to come to be in my classroom when he was having problems with another teacher. I tried to talk to the teacher to let him be in a place where he felt safe. Obviously 1 was over- stepping boundaries on the part of other teach- ers, and at the same time I felt 1 was justified in helping this child. If he felt safe in my classroom. I would somehow provide that space for him. You can imagine the harassment that I got from the teachers as a result of doing this. Solutions: 1. Celebration of Diversity. We need to celebrate diversity. It needs to be part of daily life m the classroom. It needs to go beyond teaching about African American history and Nauve American cultures. You need to celebrate the ethnic heritage of all children, not just of one type of child. It's about respect and a beUef that all humans have at least one strength upon which they can build their future. But most of all, it's about modeling respectful be- havior toward all people. In the classroom this translates to the need to celebrate the heritage and abilities of every child. We need to feel comfortable about respectfully calling ourselves, students, colleagues, parents, etc., on moments when we are subconsciously be- ing racist. 2. Multicultural Learning Materials, Cultural Leaders, and Diversity Specialists. At a minimum, we need to have multicultural books in all classrooms. Our schools, teachers, and administrators need to be of diverse backgrounds. The leaders of diverse cultures are not here in Vermont. We need to see them. We need to help schools, administra- tors understand the complexities of the vari- ous forms of discrimination and how they re- inforce each other. There needs to be diver- sity speaalists within every school system. There need to be examples for learning op- portunities within the standards. Someone said that it needs to be in the core curricu- lum. It is in the core curriculum. It's there in the vital results. There eire dvic and social standards, but they're not addressed. There's ~ nothing to keep schools accountable to this 3. Assessments. One of my jobs right now is to conduct research on assessments for the Vermont Curriculum Consortium and As- 32 sessment Task Force ] ve been looking all over tor the assessments for this area. They're no: there We need to make them up. And we need to hold the schools accountable. 1 think we need to go through with the law- suits that were mentioned earher in the hearing, because then discrimination be- comes pubhc. We do a disservice to keep it under the table. DISCUSSION MR TUCKER: How many places do you know that offer courses on institutional racism? MS STOLEROFF: There are ver>- few. Sys- temically. we don't address the issue. MR. TUCKER: We don't address it from an institutional viewpomt. I'm concerned because I think that multicultural people like yourself who don't get to address the issue that really is sys- temic within the workplace, schools, and cvir bves IS so deeply borne into the Amencan cul- ture that all of us play out our roles because we're born into that, and institutions are so sys- temic that we don't deal with it. And so we hide that under diversity. We never address it. We talk about multiculturalism, we talk about eth- nicity, we talk about everything, but we do not talk about systemic and institutional racism. MS. STdLEROFF: One of the ways we need to address it is systemically from the bottom starting with the kids. I've worked with children from 22 months to 22 years old. 1 have had a gamut of kids that I've worked with, and I know you can get children at day care level talking to each other, learning how to say, 'Tou hurt me, this hurt my feelings," having a teacher there so that they feel safe that they can talk to each other and figure out what wasn't okay, having somebody be there to help them mediate prob- lems. I've been successful at creating this type of environment within my classroom and having kids feel empowered at all levels. In fact, when students come in from the playground where there has been some sort of instance that has disturbed them and can't figure out, they often ask me what to do. You take them at the -very - moment and ask the students who have been involved in the situation to go figure it out, let them go and scream at each other and discuss their feehngs. It took some time to teach them how to do this. If thev couldn't come to a resolu- tion, the class suspended their work and we sa: down as a class to figure out what was a wav to help these two people solve their problems Tne expectation was that our classroom was a com- munity and we need to respect each other, work out our disagreements so that we could learn together. One tune when a 4th grade bo> had been called all sorts of names because he played with a doll, we sat down as a class. We talked about "isms." WTiere do you learn them? As a class we made a chart and the kids spent the rest of the year coming in daily and hstmg "isms" they had noticed. The hsted what ism it was and where they lesimed it. I think one of the underlying causes of any hzurassment is low self-esteem. We should boost kids' egos for whatever reason so that they don't feel like they have to harass somebody else to boost their ego. In a class where there are many different kids with many different strengths you can at some point gently, if not overtly, let a kid know what their strength is and call on that kid to help other children use their strengths so they look to collaborate with each other. Michael Henderson '^ Teacher accountability I would like to fociis my presentation on teacher accountability. We should ask how do you get people to choose to do things differently. It's the reason we have in-service days for teachers. I've done some workshops at different schools, and the primary reaction we've gotten is a denial of the problem and the need for improvement. That attitude is reflected in the teacher's stance, in their body language, and the way they shufDe children in and out of workshops. The reason I'm focusing on the schools is I beheve that the schools need to be safe. The rea- son I'm focusing on the teachers is because they're people, they're parents, they're Vermon- ters. We've heard about what Vermonters are like in some ways in terms of being isolated. And I foc\i6 on the teachers because as people they are keeping the same standards going. It seems that once they get-their curriculiun in place, they're not moving forward. For example, we had the book Little Black Sambo still on a teacher's shelf in school. She was asked to re- ^ Henderson testimony, Burlington Transcript, pp. 178-82. 33 move It by one parent, and I think part of the reason that there was a confrontauon there was perhaps the dynamic between the parent and tne teacher. I think the teacher knew that the time and place for that book should have been gone a long tune ago. So vou ask about possibilities for change. We've been asked by teachers to bring in mul- ucultural books. I would like to see more books in the bbrar>-. Basically you find people who are verv- stuck, people who want to change, and peo- ple who are open. In mv particular school, the libranan is a ver>- open person, but I'm not sure that all the teachers within that school are following her and avaiLmg themselves to the work that she's doing to make these books available. I'm not sure how you can legislate a teacher so that he or she wants to be the best possible person that they can, which in turn makes them the best possible teacher they could be. So you have a wide range of dynamics in the school that we've seen. My wife and I have a very hands-on approach. We basically go knock on doors when we have a problem with another parent or another child, and basically I approach the problem from the standpoint of "our children have a problem." I'm sure you and I as parents always go m with that as an assumed idea and want to help our children resolve their differ- ences. I'm oftentimes talking about the parents and their ideals when in reahty we have to be- heve we're addressing the children's problems. One suggestion I learned of came from a &iend who 16 an educator and a camp director. He often takes groups of his fnends out to plays, movies, etc. His feeling is that we'll all have a common dialogue by having common experiences. And perhaps that was one way if you can get the teachers to have common experiences, either through plays or art. DISCUSSION DR. JOHNSON; Do you have suggestions re- garding how can we get at encouraging each school to celebrate each child? If one does that, it not only picks up the minority child, but it picks up every child. MR. HENDERSON: I think any time you show appreaation m someone you're valuing that person. The problem stems from who's making the judgment of what's to be appreci- ated. Any time that you can acknowledge a child and make them feel wonderful for beinp dis- tinctly who they are. you're doing great wonders. Mary Jane Marchelewicz '* Treatment of minority teachers by other professionals I am a paraprofessional and educator in the South Burlington school district. The reason I'm here is because I see things going on with all kinds of kids at different age levels m a middle school environment. I had an African American friend who was an educator at the high school. A year before she knew she was leaving the area she quit her job at the school. She was a strong, tall, positive, and dynamic woman who could not stand how she was treated by the staff at the school she had been working at for 4 years. She was not greeted in the halls. She would go into the busi- ness office or the high school office and get no response. There were very few people on the whole staff that would even say hi to her in the halls. So we lost her. The kids were furious when they lost her. When she was here, one of the first things she did when she first moved to Vermont was go to an educational conference in the Burlington area. At lunchtime she went into the large din- mg hall and she didn't know anyone, but she was the only Afi^can American there at the time. She saw this table that had a few empty seats, and she went over and sat down and said, "Is it okay if I join you?" and they said, 'Tes." And every single seat in that lunchroom filled, and there was an empty seat on either side of my fnend. The last person that came into the dining hall sat next to my friend and sat with her back to her. Nobody spoke with this adult woman at a luncheon of educators. It is no wonder a Uttle 5 or 6 year old is insecure in our school systems, because this is how the educators act. There are tests, there are exams. You have to pass the board to be a lawyer, you have to pass -your CPA exam to be an accountant, but any- body can be a teacher. Sometimes wanting to be isn't enough, and perhaps we need to look at who ^* Marchelewicz testimony, Burlington Transcript, pp. 201- 12. 34 15 going into education and what is in their heart and what they plan on doing We had another African American family in mv community, and their kids were m the school svstem with me. The 13-year-old boy was hit by a car on his bike in his middle-class white neigh- borhood, and the vehicle did not stop. His younger brother told me the story. Of course, this black family felt that it was because of the color of their skin that this vehicle didn't stop, and nothing you could say to them would change that. So 1 went to one of his team teachers and explained the situation. I asked his teachers to take It easy on him because his brother got hit bv a car and is having a hard time. And the teacher said, "He doesn't think it's because he's black, does he?" And I said, "Doesn't matter. If that's your reaction, why shouldn't he think it's because he's black? ' The parents that presented their stones to the Advisory Committee asked, "What can they do?" I've been on the superintendent's Multicul- tural Diversity Committee for 4 years. It was started partly because there were hate letters written to black and Jewish kids in their lockers at school. The parents were outraged and gath- ered and wanted something to be done. And my friend that had been shunned at the luncheon and was shunned by her coworkers, myself, and several other people served on this committee. We were there for 4 years and met once a month. It has more or less folded. We started a commit- tee, but the superintendent didn't really like how that committee was heading, so he said he was going to have a Multicultural Diversity Commit- tee meeting. My friend has moved away, and the rest of us were just plain tired of feeling like we were accomphshing nothing, spending all this time so that it could be said that the community had this kind of committee which was a mere rubber stamp for the district. What bothers me is that if the University of Vermont becomes involved in the problem and offers to provide diversity training, the school system will make the training msindatory and you're going to have Ihose that respond, "What do I have to do that goddamn course for?" I know, I've heard it. I don't know how we get to them, make them understand the issue, and later treat all the kids the same. We need a workshop in understanding, not tolerance. I hate tolerance. Tolerance is putting up witn L«t .- have workshops and get the leacner? invoivec get the people in here that can explain wnai tnc minority community is going through DISCUSSION MR. CHENEY: Are you still employed at the South Burlington school district? MS. MARCHELEWICZ: Yes. I was asked this morning, "Are you sure you want to speak'' And I said, "I had a job before I came here and I'll have a job when I leave." MR. TUCKER: It concerns me that we even give credence to that kind of intimidation. MS. MARCHELEWICZ; But they do. You know they do. But I don't really care. I'm going to expect there are 40 staff members at South Burlington High School, and I know my fnend didn't have but maybe 5 that were openly friendly. Most people say, "Hi, how are you." They really dont care, but they at least say it. But she wasn't even greeted. MR. CHENEY: We hear from the education department that everybody has a good heart; they just need to be taught. I think you're giving us a slightly different message. MS. MARCHELEWICZ: When I hved in Montpelier I used to get in more trouble over there because I'm outspoken. I don't whitewash It. We've done enough dancing around and pre- tending and I see it in the kids. My contact with the few African American kids at school is such that I have one Uttle guy that comes by me and pats me on the head and said, "Nice afro, Mrs. M," but not everybody is welcoming. I see the new kids when they come to school how long it takes them to find a comfortable place to have lunch. And I've said to teachers, "How's that kid working on your teamT' They respond, "Okay." I said, "Well, it doesn't look like it; they're sitting there having lunch adone." And the teacher goes on eating the lunch, and nothing happens until that kid can finally find his or her place and connections. There are teachers that are very good, and I 4on't-w2int to say that they're all like that, but probably because the educators in the system today came out of a teacher core. They've been there a long time and they're tired. They don't want to do it anymore. This is a real job to them. They've lost that feeling of why they went into 35 leaching and they are burned out They shouldn't be there for 30 and 40 years. The pap IS too wide between the problems and the ages of the kids Leigh Pfenning " I m a Native American in heritage. I am cur- rently the principal at the North Avenue Chris- tian School. Mayor Peter Clavelle said ver>' clearlv that our schools are a place of violence. One of his questions was. How can we build an environment of respect m our schools? 1 want to tell vou up front that education will not elimi- nate racism. Racism is real but politics will not ehminate racism. Racism is an issue of the heart. And here we're not only dealing with ra- cism involving African Americans, we're dealing with racism involving Asians, Hispanics, and ever>' other person or group that there is. Carol Ode ** Efforts to improve sct)ool curriculum I come here tonight to speak as an individual. There is no place for hate and prejudice in our country*. We all must work to make the basic tenets set out in the United States Constitution a reality. Our dreams, our ideals must become real. Our Nation stands for equal opportunity for all. Our pubhc schools, public education, stands for equal educationail opportunity for all. To the extent that we as a public school system and our Nation fall short, and we do, we must continue to improve. This forum is one of several on race I have attended. The experience hearing people today has been humbling but also inspiring. The in- credible strength, humor, idealism, canng of the children who have spoken and of the adults who have spoken. The voices have been full of an- guish and anger but also of love and hope. We expect more of our country and for our hves in this country, and we should. I personally wUl continue to work hard, try again, and try harder. DISCUSSION MR. HOFF: Based on what ycru heard at this forum has that enhanced your awareness of ra- asm within the Burlington pubhc school system or is this something that you already were well aware of!' MS. ODE: Yes. MR. HOFF: Do you have a systemauc ap- proach to this within the school board'' MS. ODE: We do. One of our strategic plan- ning goals IS around diversity', and we have been working on it in many areas to improve how our district handles issues around racism, ageism, and sexism, and we have a definition of diversity that 16 fairly all-encompassing. 2' We have just hired an equity diversity coordinator for the dis- trict and are continuing to look at our curricu- lum. We are trying to increase the pool of appb- cants for positions in the Burlington school sys- tem, and we have. Since our strategic plan was implemented 3 years ago, I beheve we've hired eight or nine people of color in the district. And we're working with community and with family involvement. We're trying to meet the individual needs of all students, and it's a very over- whelming task but one that we continue to work at. On the State level, the National Association of State Boards of Education has as one of its foremost goals the appreciation and awareness of diversity, and that is one of the goals that is also embraced by the State Board of Education. MR. HOFF: Well, two people in the State De- partment of Education testified about what a difficult job theirs was and the fact that there wasn't suffiaent funding for them to do a whole lot more them they're doing now. Would you be supportive of the department's seeking a higher appropriation in that area? '-'' Pfenning lesumony, Burlington Transcript, pp 290-94 26 Ode testimony, Burlington Transcript, pp 294-305 2" The school district's definition of diversity/policy is as follows Our school community is a living organism com- posed of diverse members The appreciation of this cbversity can and should be one of those values which is shared by members of our school community. Each member must be free from fear, pain, and oppression in order to function fully as an individual and to enable each individual, aa well aa the community as a whole, to reach its full potential. Failure to fully see and appreciate others for any reason — ^race, gen- . der, culture, nationality, language, ethnicity, religion, style, viewpoint, age, health, sexual preference, physical differ- ences, or socio-economic background — results in the diminu- tion of the whole and prevents us from fulfilling our mission: The Burlington Board of School Commissioners has as its mission, through its schools and its staff, to educate stu- dents for the present and to prepare them to participate in, influence, and shape the future. 36 MS. ODE: I think funding is cniical on the Local level MR. TUCKER: Do you think some kind of mechanism could be put into place that parents would have access to those people who represent them and not lust hear what happened from the administration'^ MS. ODE: We do have a harassment policy in the district and individual complaints do go through the procedure that's set out that backs that pobcy up. School board members don't fol- low each of the complaints that come in. but we are completely accessible to the pubhc via tele- phone and not just board meetings and so forth. We bve in the community and people Cein and do contact us. What we would probably tell people, however, is that we will absolutely listen and help in any way we can to make sure that they go through the procedure that's in effect so that appropriate steps can be taken. MR. CHENEY: Could you tell me how you rate your school system in terms of dealing with racism? WTiat's your personal assessment of how that job is being done? MS. ODE: I don't have a ranking for you. But 1 think It is something that over the past 5 yesirs has become a critical issue in the school system, and it's something that the board, community members, teachers, and administrators have spent time on through the strategic planning process over the past 3 years. Quite a bit of tune has been spent on this effort, and I would have to say that we are growing in our understanding and continuing to work to make things better. MS. SAUDEK: One of the things that was absent was any attention to the overall curricu- lum. MS. ODE: Our curriculum director is working on that. MS. SAUDEK: Is it a high priority? MS. ODE: Yes, it is. Another thing I didn't mention was teacher education. We've had Mer- ryn Rutledge of the Vermont Equity Project do work on awareness of diversity issues in litera- ture. It is something we're working on. It is a high priority. It's a lot of work- to do because textbooks come as textbooks come, and literature that people have read for years hasn't always spoken to all of us who have been reading it. DR. HAND: We've been talking about har- assment policies, ways to deal with this. This is an external process which is imposed upon sv.— terns. MS. ODE: The harassment pobcv" No Tne State has mandated that we have harassment pobcies. but then we work on how our district s pobc>- should look. It includes everything it needs to under State law. and it is tailored to meet our needs and is always changing. The school board actually writes the pobcj', and we hear comments over time about how its work- ing. For instance, parents have complained that they don't know what has happened to a par- ucular student whom they feel has violated our policy. Even though the student has been appro- priately disapbned, that student is protected by laws regarding student confidenuabty. Actions taken by the administration can't be divulged. So, as a board, we ask ourselves, how we can communicate better than in the past that proce- dures have been followed yet protect student confidentiality. So you start out with a pobcy written a particular way and then you get com- ments, complaints, and questions about how it's working, and then you further tailor it to meet your districts' needs. Bill Herrington " Methods schools can employ to foster greater tolerance and respect for minority student concems I'm a licensed clinical social worker and hold the position of support services counselor at the Rutland Middle School. We are a 7th and 8th grade school with a student enrollment of 400. We presently have 15 minority students m our school. Last year we had 12 minority students. Less than 4 percent of our student body are mi- nority students. I have worked in the Rutland pubbc school system for 9 years. My perception of raaed harassment in our school is that there is not a smoldering problem in need of immediate attention. On January 20, 1997, the prinapal at our school invited all parents of minority children to attend a roundtable discussion about multiciil- turalism and the issues that confront minority children in the public -school. One-third of the parents of our minority students (which would be four) attended this forum and did not express concern about racial harassment. They instead ■•f* Hemngton testimony, Rutland Transcript, pp. 193-207. 37 expressed concern that we did not offer more multicultural experiences for students at our school. They felt that prejudice was abve and well m Rutland even though it might not overtly rear its ugly head in the form of racial harass- ment m the schools. If our school provided more multicultural experiences for students, then there might be better understanding, apprecia- tion, and sensiu-vat>' to multicultural issues. I recently had an opportunity to speak with 12 of our 15 mmonty students. They did not feel that racial harassment was a problem m our school. One student had experienced raaal har- assment in 6th grade and when brought to the attention of the administrator this student felt it was resolved. I am aware of an African Ameri- can student last year who was a reapient on several occasions of racial slurs in the heat of verbal disputes with peers. These incidents were immediately addressed by our school adminis- trator. Has racial harassment occurred in our school? Yes. Is it a smoldering problem that needs immediate attention? I say no. I am more concerned with the general lack of empathy that many of our students have for each other no matter what their ethnic background. Many stu- dents seem to have httle tolerance for individual differences, whether it is height, weight, socio- economic standing, rehgious affiliation, sexual orientation, or ethniaty. I recently had a group of 25 peer leaders from the Rutland High School come to our school and present an interactive program to all of our 7th graders about appreaating individual differ- ences. We plan to follow this program up with a peer mediation initiative that utilizes high school students trained in conflict resolution to mediate middle school conflicts. The Rutland city school district has a har- assment pohcy that was approved on July 25, 1995, and is included m its entirety in the Rut- land Middle School Handbook, which is distrib- uted to every student in our school at the begin- ning of each school year. This policy has also been distributed to all school personnel and is posted in a conspicuous location in our main of- fice. Last year the principal personally discussed this pohcy with the whole student body. We have not made any whole school pubhc comments about this pohcy this year other than encourage and expect ail teacher advisory staff to review the Rutland Middle School Family HandbooK with their students. It is my behef that all forms of harassment are a smoldering problem m the pubhc schools which need immediate attenuon. We need to provide training opportunities for students and staff that reduces prejudicial behavior. All of us carry some unintentional prejudices from early experiences in learning. These prejudices will only be reduced through training by a culturally diverse group of trainers. Approximately 4 years ago, the Mt. Elmore Institute provided a sexual harassment work- shop for all Rutland aty school staff. This was a very informative and sensitizing experience. It would be very timely for our students and staff to participate in some diversity training that moves beyond the legal response to harassment and attempts to reduce prejudices through awareness and empathy-building activities. I applaud the time and effort of the Vermont Advisory Committee in organizing and facilitat- ing these forums. I hope that your report and recommendations will indicate the communities and schools in Vermont need to develop plans and strategies to reduce all forms of harassing behavior and not limit your concerns solely to racial harassment. DISCUSSION MR. CHENEY: Bill, you must have a unique school because the testimony is in variance with statements that people have brought to us quite forcefully, problems with minority students in the schools. You're also the only staff person that's come before us to give us this information. DR. HAND: When you say there's no smol- dering problem but there are isolated incidents, how are they reported to you? How are you aware of them? MR. HERRINGTON: The incidents that have come to our attention have either been observed by our staff or have been reported by other stu- dents. And I guess my feeling whether it's racial harassment or any other form of harassment is that we need to do an educational piece and try to build empathy on the part of the perpetrator towards this kind of harassment. So I cant say that m all cases, or even in the majority of cases, there will be a suspension or some other strong disciplinary response. It's more trying to get the 38 perpetrator to understand what it's like for the victim to experience this kind of beha\^or. DR HAN'D: But you don't think there s an> inhibitions in reporting these incidents'' MR. HERRINGTOK: I don't bebeve so MS. ELMER; Do you feel that the children that vou can so easily identify feel that your school is a safe environment? What we've heard from countless parents and students is not only 15 the school not a safe en\ironment but parents are having to pve up jobs to go into the schools to monitor on a regular basis what's happening. Clearly that's not your experience, but can you address that at all'' MR. HERRINGTON: I guess it's not my expe- rience specificaDy around racial issues. What I'm concerned about is harassment in general. Be- fore I left today, almost the last period of the day 1 had an obese student who's very sensitive about his weight who had been harassed about his weight, and those kinds of things happen often and frequently. So it's not just racial har- assment. I'm just concerned the lack of empathy the kids have for each other. MR. TUCKER: We heard from a person that bullying leads mto the kind of behavior that children can end up being raaally harassed. If they do sexuaht],-, they will do another ism. We just happen to be specializing m racial harass- ment because of the upnse of this over the Ver- mont school systems, and it hasn't been ap- proached. Also, It's clear to us from what's been told to us that not a lot of children of color feel comfortable about going and saying something to school officials. MR. HERRINGTON: I can only tell you my perspective. When I spoke with these students. I told them that I was going to be coming here. I said, folks, this panel really needs to hear what life is like for you m these schools. One African American student spoke about an madent dur- ing a game against another school. As the play- ers were walking down, they were shaking hands and one student did not want to shake with him. When I asked him other experiences that he's had in our school he was unable to ar- ticulate. And whether that's because my color is a barrier to him, I'm not sure, but I really was not hearing from these kids that racial issues were making it an unsafe place for them to come to school. MR. CHENEY: Do you know of anvoodv eisc in the school system that was going to come tr this forum to talk about the issue of racial nar assment m schools '' MR. HERRINGTON: 1 knew several other people that were approached, and I hate to speak for other people, but 1 think what 1 was hearing was that people, at least within our school system, felt more concern about sexual orientation and harassment. We do have con- cerns about a variety of different forms of har- assment but did not feel that raaal harassment was a major issue or concern. MR. TUCKER: Well, schools must be changed in Rutland because when I went to school people who bulhed bulhed, and they bulked an enor- mous amount of groups. Also, I know as a parent of three children of c»lor that they're not going to feel comfortable about telling everybody about the stuff that happens to them. In the work that I do in this State, 1 get a lot of calls from Rut- land. I find it hard to beheve that a school in Vermont today is a sanctuary for a child of color when he's getting it frtjm all these other places. There is no minor issue for kids when they're attacked racially. There are no isolated inci- dents. DR. GUSTAFSON: In regards to the parents that were concerned about the curriculum rather than spedfrc inadents, do you know if there were ever changes made to the curriculum? Did that become a project of the school? MR. HERRINGTON; The pnncipal at that particular time had wanted to keep this par- ticular committee going. He since has left. We have a new pnnapal. Although I'm a counselor there and I was at that forum, I must say that it has not continued. Summary Teachers, school administrators, and support personnel provided an overview of racial har- assment m the pubic school system. They de- scribed teachers' and administrators' denial of the existence of a problem and a failure to take appropriate steps -to maintain a bias-free envi- ronment in the schools. They allege these factors contributed to raaally hostile learning environ- ments. They cited a spedfrc incident of hate mail directed to African American and Jewish stu- dents, and discussed the use of inappropriate 39 curriculum material and general insensitmn- to minont>- student safety concerns One school counselor believed that all forms of harassment have occurred m his and other pubhc schools. Although this counselor did not know of particular inadents of raaal harass- ment in his school, he acknowledged that raasm existed in his communit>'. He also noted that he did not v^ew harassment as a problem in need of immediate attention. Despite this behef, he in- formed the Committee that his school has insti- tuted multicultural roundtable discussions with students and a peer mediation program designed to reduce prejudicial behavior. The panelists identified other solutions, such as the need to celebrate diversity, the development of multicul- tural learning materials, recriutment and hinng of teachers and administrators of diverse races and backgrounds, and the presence of diversity speaalists in each school. The panelists gener- aUy agreed on the need to increase staff ac- countabUity through the use of mandatory mul- ticultural training for school personnel and State assessment of schools' antiharassment efforts. Community Organizations, the University of Vermont, and the Vermont Department of Corrections Various community organization representatives working with racial harassment issues in pubhc and private segments of Vermont communities shared with the Advisory Committee their per- ceptions of the problem. The panehsts described the overall racial chmate in Vermont institu- tions, including elementary and secondary schools and institutes of higher education. Pan- ehsts also noted improvements that could be made to current teacher training and recertifica- tion to help teachers and administrators better deal with issues of racism and harassment. Two advocacy organization representatives described prospective programs that would use both teach- ers and students to address raaal harassment in schools. One panelist offered her insights into the challenges facing -parents who adopted children outside their race. In addition, a diversity model used to train correction officers and inmates was introduced. That program has the potential to be offered to the State's pubhc school system. Fi- nally, the perspective of a reporter who has co% ■ ered racial incidents in Vermont is inciudec Table 2.3 Community and Advocacy Organization Representatives Presenter Donald Gnnde Joseph Gainza Merryn Rutledge David Shiman Heather Clark/ Jay Simmons Tory Rhodin Shay Totten Aundrie Robinson Organization director of Alana Studies, University of Vermont, professor of Amencan Indian History field secretary, Amencan Fnends Service Committee president. Revisions Consulting, director and founder of the Vermont Equity Project professor, University of Vermont, College of Education-Sobal Services training coordinator, Vermont Department of Conections dinical social worker, Casey Family Services (post adoption program) editor, Vermont Times Round Table of Unity Donald Grinde " Institutional racism Over the past 3 years I've set up an academic program that focuses on race and raasm and the history of people of color in the United States. The purpose has been to offer students a cur- riculum that deals with race and solutions about race in America, provide support to State and local communities and institutions, and share our resources with institutions that need this knowledge. My perspective is that racism invents and reinvents itself over and over again. That's how It persists. It's like a virus which emerges in a different form and takes on different dimensions every generation. Institutions need a proactive response to racism so they can stop replicating racism and buying into. its. new forms becatise always the new inventions appear to be non- racist. Everybody is always sure that racism ex- ** Gnnde testimony, Burlington Transcript, pp. 90-104. Mr. Gnnde presented testimony to the Committee which ia pre- sented in app 10. 40 isied 25 years ago. Its important to realize that problems we see m the schools are similar to the problems in the university. We ve also had white students harassing faculty of color, so it's not just student to student. One of the things the university can do is teacher training. We need the State to mandate courses on raaal sensitivity for teacher training and certification. We need to examine what those courses wiU be about in consultauon with university faculty. Vermont State Board of Edu- cation, the Advisor>' Committee, and the Human Rights Commission and set up exactly what the institution of pubhc education needs m the State of Vermont. We need everybody to take owner- ship. We need school administrators, teachers, parents, and people that train teachers at the university to buy into this as a societal problem that needs to be addressed. This training should be followed by additional workshops where we take a long, hard look at how we trsun our school administrators about race and ask what re- sources do we have and how can we train them so that incidents of harassment can be mitigated and prevented. One of the problems that I found dealing with race in Vermont is often there's a denial that, "We don't have those problems here or they're so minimal that they're inadental." And as long as we have that kind of denial, we don't have peo- ple buying into the solution or recognizing that there is a problem. Race becomes something that IS episodic, incidental, and unusual, because the norm is kind of an araaal society. That's simply not true as testimony today and the experience of people of color, as well as the experience of whites too, in this matter testifies over and over again. There must be an acceptance that Vermont is becoming a much more diverse place and that in reahty sometimes the raaal problems actually comphcate themselves. That doesn't mean that we should give up on this, but we should reahze that with diversity you go from talking about what you ought to do to actually doing diversity. And rather than speaking the. good talk and no- ble ideas, suddenly you are confronted with peo- ple of color in the classroom as your colleagues. It's quite different to say we ought to be diverse than when we are. And I think sometimes that's a problem in the pubhc schools too. You want to talk a noble ideal, but impiementmp it if a com- pletely different step than giving hpservice Those are some of the things the universif. can offer. Over the last 3 years I have strived to hire at least six or eight faculty of color for the sociology, historj', and rehgion and other de- partments that conduct research and have in- sight into race and racism in America. We also have whites that are committed to this problem. Without the white communitj- and leadership bujrmg into this dilemma as a real problem, of- ten training about race and raasm is merely people of color standing up and complaining while others sit and listen and then go home. We need more specific programs and cooperation at all levels to address these problems. DISCUSSION MR. CHENEY: Say you had the floor with the State Board of Education, what recommenda- tions would you make from what you've heard today? MR. GRINDE: The Department of Education should make recommendations about training teachers about issues of race and racism. The Vermont State colleges and the university should be brought into that discussion. We're beginning to attempt that in the university's school of education with various courses on race and racism. MR. CHENEY: Is your curriculum for the university or would it be suitable for elementary and secondary teachers? MR. GRINDE: If it's suitable for teachers that are being trained to be elementary school teachers, then certainly similar curriculum could be given to existing teachers and administrators that are coming back for their master's degree or recertification. To address issues unique to Ver- mont, we could have people from the school of education and the State Department of Educa- tion to describe things that happen in our schools and ways to effectively deal with them. One of the things that is important is for the university to hire more people in this area. We -have a-need- witiiin the university, and now we're hearing that there's a great need in the State. Perhaps the university can be called in to help in that. If that's going to happen, then re- sources need to be made available. Certainly this problem is something that hopefully the univer- 41 sit>- through lis faculn- and its expertise can at least be a partner in the solution. DR. JOHNSON: Do you see the university spearheading research for the school system? MR. GRINTDE: Color is the number one prob- lem of the 20th centur>-. Dealing with raaal ten- sion and with racism is and remains extremely important. The problems change or redefine themselves over time, and part of studying ra- cism is we must be aware of how racism changes. Certainly there have been people in the State that have begun to study racism and more needs to be done. Secondly, people with antira- cism expertise within the university can work with school administrators and the State De- partment of Education to develop a program that fits their needs and identifies the problems and approaches or solutions that can be developed. \^'hats needed is a community-based situation where you talk, not just with academics, with school administrators, but with parents and hammer out something that everyone can work with. Joseph Gainza '° Prospective solutions to eliminate racism in Amencan communities The American Friends Service Committee is concerned with the world as it is and as it ought to be. Fundamental beliefs in the individual, seemg the divine in each person, and in the need for peace and justice guide our activities. AFSC IS dedicated to nonviolence, opposing both the overt violence of war and the covert violence that erodes the human spint through deprivation and indifference. What I will say here today is not new to any of you. My intention is to put on rec- ord the larger context in which racial harass- ment in Vermont schools, indeed m schools across the Nation, occurs. Racism is pervasive m the United States. President Clinton has called It one of our most enduring and far-reaching so- cial ills. But raasm is not simply a matter of in- dividual bias or discnmmatory action. Racism is systemic denial of their full human rights to categories of people based on their race. What exists in our country, what we call ra- cism. IS social, economic, and political oppres- sion. It has historic roots, serves certain mem- ' Gainza testimony. Burlington Transcript, pp 104-14 bers of our societ>". and pervades every aspect of relations between black and white Americans Amencan racism is the multifaceted oppression of black Americans by white Americans who wield power. There can be no such thing as re- verse raasm. The power imbalance is deadedly m one direction. Racism is not the only form of oppression which disfigxires the Amencan dream. Sexism, classism, homophobia, abbsm, to name a few. not only oppress people who are not black but also feed and maintain a racially hostile envi- ronment. Today we see a growing gap between the extremely nch and the rest of us. To main- tain this imbalance of power and pnvilege, his- torical antagonisms between races, men and women, gay and straight, citizens, and immi- grants and others must be fanned into flame. As the economic pie is divided even more unequally between the owners of capital and the working majority of Americans, struggles to se- cure a private safety net exacerbate the misun- derstandings and fear associated with the issue of difference. In this context, while necessary, efforts to combat individual acts of bigotry will serve to suppress the boiling discontent which underlies them. I ask you to use the special platform which is available to you to call attention to oppression in the U.S. in all its forms, economic, social, politi- cal, and racial. Only when we name and remove the root causes of racism which are found in these other faces of oppression coupled with the idea of zero tolerance of racial harassment, a steady diminishment of acts of hatred and big- otry m our schools will occur. Help Increase the Peace Project. What the Amencan Fnends Service Committee is offering in the State is a program called "Help Increase the Peace." The program consists of a series of interactive exercises that work with people on issues of prejudice reduction, community build- ing, and nonviolent conflict resolution. We try to engage students at the level of their experience about how they perceive themselves and how they perceive people who are different from themselves and to engage them in ideas about how they might be able to lower the intensity of anger and misunderstanding that sometimes happens when people who have different back- grounds, different ethnic or racial backgroimds 42 come together in a school setting. What Amer)- can Friends tries to do. in not only cases of racial narassment in schools but m the broader com- munity. IS to bring people together m a comfon- able environment so that they can begin to see each other as individuals, share each other s sto- nes, and begin to see that the fear that they have developed is based on nothing other than fear itself. DISCUSSION DR. JOHNSON: Is there some way that you have to determine how effective your "Help In- crease the Peace' activities are as they go for- ward into these various problem areas? MR. GAINZA: Help Increase the Peace has been running in other parts of the cotintry for longer than it has here in Vermont. Here are two examples: In Syracuse, New York, where we have a program going for the last 7 years where young people take action around these issues, they have set up committees within the schools that young people run and address issues of ra- cial harassment and violence. In western Massachusetts, members of the Cambodian American community have begun to address issues of police harassment for minori- ties. These are young people who go through this workshop and begin to find language and skills to address these issues in nonviolent ways. These young people have been accused of being gang members and mating violence in the schools. They are learning ways to respond that doesn't heighten the level of anger and distrust. MR. CHENEY; Have you tried to share cur- riculum with educators, people from the univer- sity, or State Department of Education officials to develop something that woidd be useful? MR. GAINZA: Not with the department itself. I've been approaching individual schools, but I'd be very open to that. I have worked some with the Vermont antiraasm action team, and we did a 2-hour workshop on trjong to come to a clear understanding of what racial prejudice means in school settings £uid in society. I also did a work- shop in the Brattleboro- Union High School on their diversity days, which tried to come to the same understandings among students. Merryn Rutledge '^ Use of inappropnate cumculum ana its relation to racial harassment. Need for teacne^ training on recognizing prejudice Today I'll focus on course units, materials, and pedagogy to give you a picture of what Vermont teachers are doing in their classrooms. What I see in Vermont nurrors what I have seen as 1 have worked with teachers all over New Eng- land. Vermont classrooms show glaring omis- sions and damag:ing images of women and men of color. Some Vermont teachers are creaung wonderful examples of inclusive antiraast ciu-- nculum. DISCUSSION MR. CHENEY: I'm interested in impact and results/changes that you have brought about. MS. RUTLEDGE: The reason I describe both parts of the picture was to suggest that the re- sults are immediate in the changed perspective and behavior of the teachers (see appendix 7). COMMITTEE QUESTION:32 What's happen- ing in the schools when you do this? What kind of impact over time on the children? MS. RUTLEDGE: It takes about a third of the total staff in my view in order to make any kind of impact beyond the individual teacher's interest in the topic. I think it's immeasurable when the children begin to see that their lives are no longer tokemzed, marginalized, excluded, demeaned. White children begin to understand that multicultural education is not about the other; it's an integral, systemic change in the way every teacher does business. MR. CHENEY: How often do you present this in Vermont schools? MS. RUTLEDGE: For 4 years I have worked with teachers in Burlington, about one in six m the whole district, each for a whole year or an intensive semester. In addition, I have given workshops and conferences in the Rochester, Vermont, school district and run a year-long Humanities Council project in South Burlington. I've talked with the School Development Insti- tutes at the University of -Vermont. They're not interested in what I have to offer. Trinity Col- ^' Rutledge tesumony, Burlington Transcript, pp. 212-25. 3^ Quesuons by two Committee members have been com- bined. 43 lege ha? been rather hospitable. I must say. The scnooi distncts have been hospitable to the ex- tent I could interest teachers in doing this work. MR CHEN'EY: You're attacking the whole textbook system too. Are they inherently biased in the deficiencies that you've noted? MS RUTLEDGE: Yes. And because those systems are in place, and they're going to be m place for a long time, children have to be taught to see and X-ray the cultural systems that we're in the middle of MR. CHENEY: I'm still seeking for an under- standing of how often you get in the schools, how often vou get to make your presentation. MS. RUTLEDGE: In Burlington I am begin- ning the fourth year of a semester-long cycle of seminars for teachers. MR. CHENEY: Have you been in other school systems? MS. RUTLEDGE: I have given shorter work- shops, but not with the opportunity to work for the long period of time that it takes to make sub- stantial change. I'd like to add a kind of pre- scription for what the kinds of units that teach- ers have to understand in order to really begin to get the whole picture: Teachers need frame- works for how to evaluate materials. There are teachers aplenty in Vermont who have taken this or that stray course at one of the Vermont coUege systems. There's very httle work in sys- temic racism. Teachers need to see that periodic celebrations of diversity, like diversity days which so many schools brag about, aire superfi- cial when they're not accompanied by cumcular attention. Teachers need to know how to recog- nize the dynamics of prejudice when course units and materials marginalize and make mere to- kens of peoples of color. Teachers need frame- works and practical tools, not just theory, which allow teachers to systematically integrate the bves of women and men of color, white women, and others into the curriculum. When teachers merely add to curriculum "reapes" a few women or a few black people "and stir," which is often the approach, without revising core assump- tions, the curriculum keeps its white European norms. Teachers need tools and ideas for teaching even very young children about race, gender, culture, and stereotyping. The Vermont Equity Project has seen teachers being very successful with children as young as 5-years-old in kinder- garten. And, finally, teachers need education about the connecuon between curriculum and harass- ment in the hallways and on playgrounds. Chil- dren get mixed messages in Vermont schools with very responsible programs taught by guid- ance counselors on harassment. These programs are diminished when students walk into the classroom and their curriculum excludes people of color and demeans them. It is further dimin- ished whenever students leave the classroom and perpetuate more harassment. David Shiman " Lack of institutional commitment to address tiarassment issues, Preservice teactier training I teach at the University of Vermont in the Col- lege of Education amd Social Services. I've been there for approximately 25 years. I also have a 2- year-old child who is biradal and I anticipate that she will encounter some of the issues that the Committee heard yesterday in Burlington. We can regard students who call others de- rogatory names or persons who put burning crosses on someone's lawn as sick. However, when we do this it leads us away from looking at our institutions and to only blaming bad people. I think that's a problem that we have to look at when we look at the institutional context that allows or condones racial harassment. Sonia Nieto, in her book Affirming Diversity, writes that, "The ruckus of individual racism obscures the silence of institutional racism." And I think it's a very powerful statement because it looks at the role of our schools in constructing and contributing to the construction of racists, and the role our schools can play to change it. I'm working with student teachers right now and doing seminars. I have observed a lack of ur- gency to address the question of race in Vermont among many of the white student teachers and students I work with. I have found lately an im- patience with the demands being made on them by others whose voices have not been heard in the past. In many other communities around the State. high schools have a diversity day or a diversity week. Not that that's all they do, but it's a show- " Shiman testunony, Rutland Transcript, pp. 135-65. 44 case week. As an example of the level of institu- tional commitment around this issue at one in- stitution, the students in the multicultural dub at South Burbnirton have to raise all the money for the event. The school has not contributed in the last 2 or 3 years even though the issue has been raised by the diversity committee. What is that saving to other students about how much the institution values all students' learning about this when no support has been given? Some support has been given in the form of fac- ulty working with the club, but almost nothing else. There is a nice pohcy statement that's part of the strategic plan, and I would say not very much is going on, particularly in the Eireas of staff development, recruitment, and cumculum change. I can hit three or four different areas that I think are not just unique to South Bur- lington. Very httle has been done in the State with respect to hiring people of color to teach in schools. And invariably if there is a hiring effort, It's to hire somebody to teach African American history as if that's all people of color can do. I think there's sort of an association there that's not a healthy one. A number of times I've heard that African Americans don't like to be in Ver- mont because it's too cold or there isn't a critical mass in the community. 1 think it's just our ex- cuses for lack of commitment and effort on our part. I think we all need to see diverse faces in front of us. Our teachers and every student need that sort of thing. This an area that needs to be addressed m every district in the State. DISCUSSION MR. CHENEY: We've heard recommenda- tions that there be either in-service training or requirements for recertification that there be training. Does the College of Education have anything to offer? MR. SHIMAN: I think we have developed a variety of very good courses that deal with di- versity. It's just how do we help our students who are generally students of relative privilege feel this. A workshop and a course doesn't do it. It must be woven into the fabric of their educa- tion. A diversity day in a high school is a nice thing, but It doesn't do anything unless it is ac- companied by sustained staff development for faculty and woven into cumculum courses. MR. CHENEY: What's your impression o: tnt South Burlington curriculum" MR. SHIJMAN; I was chair of the Social Studies Review Committee They are re^^smp the whole social studies cumculum. 1 don't know what the new one's going to be like, but they have an elective course in black history. I have not in my analysis seen the experience of people of color woven into the cumculum. MR. CHENEY: What about stereotypes of Native Americans or others? MR. SHIMAN: I think there's been more of an effort to address some of that in cumculum. What's happened is that issues of racism and diversity in cumculum almost always get asso- ciated with Boaal studies. That's a real copout for other people because they don't include it in their particular cumculum. The danger is only seeing it as a cumculum response, rather than recognizing that diversity concerns need to be woven into every aspect of the school experience. Some research that I just read recently talks about addressing sexual and racial harassment in the kindergarten and 1st grade where the is- sue is more bullying than harassment. As bul- lying is the precursor to the harassment, we should start with antibullying lessons before the behavior issue becomes specifically race con- scious. MR. CHENEY: We heard testimony about a disciplinary scheme m which the school says if two kids are ffghting, they'll both be suspended. What inevitably happens is the white kids pick serially on the black kid so he gets suspended five times and five of them get suspended once. Have you done anything in your teaching in the College of Education about disapline? MR. SHIMAN: The methods and human de- velopment courses do address questions of disci- phne and strive to relate these to diversity con- cerns. This must be a sustained focus throughout an educator's professional life. MR. TUCKER: Since even the worst schools that I've observed (not only in Vermont but in a lot of other places) don't have a curriculum on racism,-how do you see Teaching a school com- munity outside of the teachers? MR. SHIMAN: I think that the boundary lines between school and community need to be blurred. We need to find effective ways to help people who didn't have a lot of success in school 45 as students to feel more comfortable with school a; parents The people who have a bad school experience, often . m the lower socioeconomic groups, often people of color, don't want to go back to a place that was a bad place for them. And somehow we need to bring all people into the conversauon. There are some organizations in the Burlington area, such as REAP (Race Education Acuon Project) that are trying to budd bridges. Last year some guidelines from the State Department of Education which came out included a set of competencies for beginning teachers, and in one of the drafts they had ekmmated a statement that related to teachers' commitment to equity. However, the final copy does have a competency with respect to that. Ever>- institution, particularly the school, needs to be acuvely against racism and sexism, not just promoting a tolerance and understanding of dif- ferences in a passive cumcvilar sense. MR. CHENEY: Since you know these people, does it surprise you that not a single superin- tendent or principal has volunteered to come before this Commission and talk about solutions to the problem? MR. SHIMAN: Surprise me, yes. I know some people who 1 feel really care about this problem. So It disappoints me. MS. ELMER: In South Burlington is there any coordination between what you called the diversity committee and school admuiistrators regarding their analysis of antiharassment poh- cies? MR. SHIMAN: The diversity committee ad- vqsed the superintendent. Our job was to help in getting a pnnaple written into the strategic plan. We haven't met in 8 months. When we view diversity- as a speaal item, a discrete con- cern. It never seems to nse up to high enough on the "action" hst unless there is an incident. If we saw it as part of curriculum budget, personnel, or staff development, and all other aspects of school life, then it would be there all the time. "We can't do it now" or "You get to it when you can" is the mindset about the way you thmk about issues around diversity.- Needless to say, I haven't been very satisfied with the South Bur- lington diversity effort. DR. HAND: Cem you provide a list of superin- tendents who might be willing to consult with the Advisory Committee? MR. SHIMAN: That would be realiv hard 1 think I could identify- some teachers and princi- pals who would be willing, in terms of superin- tendents, 1 would be hard pushed. I know some good, concerned people, but that doesn't mean anything much is going on in the districts. Bur- lington is well ahead in terms of developing a sustained diversity committee that tried to do things such as a needs assessment. MS. SAUDEK: What can be done in preserv- ice training to get a systemwide solution? Do you think work can be done in recertification of teachers that can address the issue? MR. SHIMAN: In preservice, some are ven- hard to do at the University of Vermont due to geographical and demographic reasons. Student teachers need experiences working with diverse cultures and encounter people other than those they grew up with. We need to unpack the cul- tural baggage and critically examine how we explain away why people are poor or why people don't succeed. An effort should be made to de- velop challenging curriculum materials so that students look at things from different perspec- tives. MS. SAUDEK: We heard a great deal of tes- timony from parents of children who were feel- ing extraordinarily overburdened and having to teach their children's schools how to respond to their kids' needs, and having to do it teacher by teacher, year by year, administrator by adminis- trator to give them the information they needed m order to respond appropriately to their chil- dren's needs. It would seem to me that part of that burden should be borne by the teacher preparation institutions. MR. SHIMAN: Yes. And I think it is. Efforts are made to ensure that when a student teacher picks books for kids to read in an elementary school, or makes decisions how to group kids for learning or selects curriculum themes, he or she will be thinking about diversity issues. MR. TUCKER: I see large amounts of money in Vermont being spent going off to Beijing and Tokyo, etc. and yet they go past Chinatown and - Harlem. It would-seem to me that if you want to learn how to teach diverse populations, you would be sent to diverse populations in the United States rather than in Beijing. An inci- dent occurring in a school in San Francisco or Harlem will have a greater impact to adminis- 46 traiori- completing recertification than an inci- aent m Bei.ung AIR. SHIALAN: I think we need both perspec- tives in our teacher preparation program we don't send anybody overseas as part of their pro- fessional program. Most of this type of staff de- velopment work IS done with present not future teachers. The China and Asian studies projects have no: been for people pursiung licensure. These are valuable programs. I think it makes them more culturally sensitive teachers. They might not focus on what's going on within their own communities, but they engage themselves and then- ethnocentnsm when they go overseas. This will positively affect therr teaching. Heather Clarkyjay Simmons ^ Adapting diversity programs used in other State agencies to the school setting, Vermont Department of Correction approach In terms of diversity and training, the Depart- ment of Corrections seeks to become a better, more organized learning organization and make better connections with the community as part of our restorative justice initiatives and community pohcing. The department considers the educa- tional system as part of oiu- community. In terms of the target audience, one of the differences I see between young students and corrections staff is their willingness to partia- pate in trainings and programs. The most com- mon phrase we hear in cultural awareness training is "Oh, we don't have diversity in the Department of Corrections and so we don't have a problem. So, why don't you go away because we've got other more important things to deal with." The biggest struggle for our depsirtment is getting people interested, getting them to come and listen and participate productively and re- spectfully in a topic that's value laden. Some of our learning objectives around diver- sity training are about self-awareness. We started asking our staff. Where do you come from? How do you see yourself? What kinds of things are you proud of and what kinds of things are embarrassing? We're having more success doing that than we are lecturing them on how we define racism, or stereotyping what we think ■'■' Clark and Simmons tesumony, Rutland Transcript, pp lG5-«0. is prejudice. Not that we don't value tha: but wt needed to get dialogue going. The project takes a middle to top down ap- proach. It was based on our highly efiective needs assessment that identified mostly anecdo- tal data. Our Agenc>- of Human Services collects all of the informauon around grievances, com- plaints, hostile work environment grievances. Since oftentimes the incidents themselves are confidential, the information I get as a trainer is that we've identified a problem; Please put to- gether a curriculum. DISCUSSION MR. CHENEY: Is your training to keep staff from chewing each other up or is it related to the inmates? MS. CLARK: Both. Our informal needs as- sessment came firom a couple of places. One is our changing offender population. MR. SIMONS: My facility is approximately 10 percent minority. There was some talk about sending teachers to other countries to study cul- ture. If you want to send teachers to a place to learn about a diverse population, send them to a correctional facility. To get our training from our central office level down to the officers on the blocks, we implement a training that isn't scary for people to go to. We get people to talk about themselves. That's extremely safe. When I talk about myself, what I want to do is find the com- ponents of their culture so that I become aware of why I do the things I do and the behaviors that other people see. Now when I see somebody different from me, I see myself as the average and the norm, and when I see myself as the av- erage and the norm, then I'm what's right. Look at yourself objectively. When they do that, they don't see themselves as being nght or different, they see how am I different from you. That's pretty safe; that's not as scary. We then train their peers in these techniques and modules, and their peers then go and maintain the trainings at those levels. We're addressing topics such as language that perpetuates stereotypes and how that can be dangerous. -AH of these areas we're training specific modules and then we recertiiy staff through a set of these modules that their peers dehver. MS. CLARK: Some of the feedback that we get from our partiapants in these trainings is 47 that the most effective learning moment for them has been exposure. The kinds of stones I hear is. "I ^ew up m Vermont and I haven't met thi? group of people and I learned the most ha\-ing finally been exposed to this group of peo- ple or that group." Not only having this exposure but putung their foot in their mouth or doing something unintenuonally inappropriate or hurtful and having the person or people they do that to be forgi\ing. In our training plan, we tr>' to take away the risk, encourage respectful dialogue for the folks in the department, increase awareness, and take awav the fear. It's not an easy task gettmg them interested and enthusiastic about this topic. They're afraid of words hke diversity, affirma- tive action, difference in the workplace, EEOC, ADA. One of the elements of the training plan is called the components of culture which ib getting folks talking about how they see culture, what It's made up of. We start with the iceberg exer- cise: when you look at an iceberg, what do you see, you see the tip, you see the behaviors, and the clothes people wear, and the things people eat and who they hang around with and what don't you see? You don't see the attitudes and behefs. MR. TUCKER: So you think this is appropri- ate for school-aged children? How would you monitor it to see that it would work? MS. CLARK: Well, it's not comphcated. The key isn't the target audience; it is a confident facihtator who tracks where the conversation's going and how people are reacting. MR. CHENEY: You can do a workshop, but how do you sustain it? MS. CLARK: When I look at Corrections as a learning organization, my feeling is that how I measure success is very important to the organi- zation and to me because really our large objec- tive is that our staff are respectful of each other and respectful to offenders. The sustainabiUty to me IB recognizing we work m a place where there's potential violence and danger all the time, and to staying on top of -the -issues by en- couraging improvement through constant expo- sure and coming up with a good evaluation plan. You can draw parallels between what we've done within the Department of Corrections in terms of diversity training and the Department of Educanon. However, is one coordinator in Montpeher going to make a difference'' Does it need to be staffing at each super\nsor>' union lever Does it have to be at each school Talk to us about how you think from your experience How do we get it into the schools right down to the level where it's working with kids? It's the amount of dedication we have to talking to each other first and finding out what is it that these kids see as a problem. It was interesung to find out that a lot of people don't see a problem. Tory Rhodin ** Counseling for adoptive families to promote positive racial identity, Subtle forms of racism As a clinical social worker, I provide a range of counseling, training, consultation, and educa- tional services to people helping adoptive fami- lies throughout Vermont. I also am the mother by adoption of a 2-year-old Afirican American child. I can comment on experiences told to me by transracial adoptive families in Vermont. Compared to many other States around the country, there are a significant number of chil- dren placed transracially in Vermont (i.e., pri- marily children of various racial backgrounds adopted by white families). In the past a large number of Asian children, particularly from In- dia and Korea, have been placed with families in Vermont. More recently a large number of Afii- can American children smd Chinese girls have been placed primarily with white famihes. My feeling, both as a parent and as a person who's been working professionally with adoptive famihes for a number of years, is that famihes need to be very proactive in creating a positive environment for their children and working in the larger world to help that happen. I think that adoptive famihes face a double challenge both of promoting positive racial identity devel- opment for their children as weU as building a strong attachment to the family and to the larger community. My own experience, both as a parent and as a clinical social worker, is that the development of a positive racial identity in a - child and the development- of a strong attach- ment to the family work hand in hand because that's what will help the child feel known and connected to the family. I repeatedly stress to " RhocUn testimony, Rutland Transcript, pp. 180-93. 48 famihe? that we need to begnn thinking of our- selves as families of color who are parenting a child not as white families that have a child from a different racial background.' Something needs to change in the racial identity of the family that will help a stronger identit>- develop in the child. Some adoptive families have experienced ra- cial harassment in the schools. I've heard of that from one family. What I've heard of ver>- fre- quently IS what I beheve is a more subtle racist experience in the Vermont school communit>' where the child day after day does not see any- thing or anybody that reflects who the child is in terms of race and culture. A very stressful situa- tion for a child who's been adopted by a white familv is that the child is not seeing their iden- tity reflected when they look at their parents and sibhngs. This experience of seeing them- selves not reflected in a world they bve in can be very demoralizing and emptying. Certainly our children are exposed, as are all children of color in this country, to a fairly con- stant onslaught of negative media images of themselves and their culture. I've talked with famUies and experienced in my own family peo- ple who have what I consider to be a subtle kind of raasm. Initially it is framed as being some- thing very positive such as people commenting "how cute" your child is when they don't know you or your child and your child isn't any cuter than anybody else. In addition to doing counseling and therapy, part of what I do involves training for adoptive families and staff working with them. I led an annual workshop called "Taking a Stand Against Racism" at the Vermont Adoption Conference which attracts several hundred adoptive par- ents. Our intention was to help prospective adoptive famihes explore their own raaal and ethnic background and their experiences with racism and come to some understanding of what this experience has meant for parenting their child. Our intention was to help them both to be reflective about their own experience and under- stand that they were moving into a time when they need to take practical action against raasm in the world. My feeling is that schools need to be very proactive with regard to racial issues. I think that anybody involved with the school, including the parents, needs to think about whose historN IS being taught in the school what image.- tne child sees, and what are the stories thai are in- terwoven into ever>- aspect of the curriculum To me. as a high school student 30 years ago I think there was a lot more consciousness among white high school students about the fact that there were vast areas of history that we were not being taught in the United States histon.-. M> high school had a student initiated course on African American history which led me later to study that in college. As part of my own training I was strongly encouraged to bve and work in an African American communit>'. I had the privi- lege of being able to study at the time when af- firmative action was taken seriously and when it was seen as a necessary goal for every student and teacher that there be a genuinely diverse population. The background environment, in- cluding the population of the school and the ad- ministration, makes a huge difference in what you learn and what is considered important. DISCUSSION MR. CHENEY: We've heard a lot of testimony from adoptive mothers of multiracial children. It seems there's a cadre of skills being built up by parents to counteract racist experiences. This group may have a lot of news for the educational estabhshment. I wonder if you have developed strategies that you can pass on, not only to your adoptive parents, but to others who might want to use it? MS. RHODIN: A lot of the work that we do is to link parents and famihes with other famihes who are like them in some way. There are sev- eral multicultural family groups around the State of Vermont. Some of them are primarily adoptive famihes, and some are a combination of famihes formed by marriage. We strongly en- courage transradal adoptive famihes and people who are thinking about adopting a child of color, if they happen to be white, to become involved with the multicultural family groups so that both the children and the parents are spending a significant amount of their time with children and adults of color. But it's not only important for the child; it's at least as important for the adult, because it's the adult who's got the power in the family. A group of African American and Latino students at Dartmouth formed the Dart- 49 mouth Alliance for Children of Color which pro- vides a range of actmnes and a big brother/big sister program and student-parent, faculty- parent conversations for adoptive famihes. That s been a ver>- strong mtervenuon for fami- hes. MR. CHENEY: Some of the specific issues people speak of is that their kids are invisible. And thev have adopted strategies to deal with that. Do you have specific intervention strategies that could be used m the schools? MS. RHODIN": The best thoughts I have are for the family to be spending as much tune as they can with famihes of color and multiraaal famihes so that the child is regularly seeing children and adults like him or herself. It is also important that the child's and the family's friends, the church, the images that are avail- able in the home or television, the history that's talked about in the home, are experiences that reflert the child's culture of origin. 'We help schools around general issues of adoption and encourage famihes to hve where their child is not the only child of color and where it's possible not to have their child be in isolation at school. A number of the famihes also had the experience of the child feeling invisible and the child not hav- ing words for what they're experiencing. If the child IS the only child of a particular race in the school and the parents aren't willing or able to move to a commuxuty where that won't need to be so. I think it's important that the rest of the child's Ufe be more culturally diverse. Adults should work with the child to help him or her find words to describe what they're experiencing so at least it's not just an inner suffering that there aren't any words for. Shay Totten " Media coverage of racial harassment The Vermont Times is an institution that tries to pride Itself on being the truth seekers, the ones that go after to find the greater truth of things that affect our community on a regular basis. Many times we fall short of that goal. And we try our best for the most part to try and at least add perspective to any debate. But I think that if you asked any of my colleagues, I don't think any- body could say that they wanted to see the kind 5* Totten testimony. Rutland Transcript, pp. 2G4-70 of strife and divisiveness that can occur when we talk about issues of raaal discrimination ana racial harassment, or any kind of harassment. 1 don't think there's anybody in the media that would say he or she enjoys covering these issues. I've been covering issues surrounding raaal discnmmation and racial diversity for a number of years in this State. I think 'V'ermonters do want to have the kind of community where eve- ryone's accepted. But I've also witnessed first- hand the kind of basic misunderstanding and basic lack of understanding of who people are and what mEdtes people tick, rather than focus- ing on what they look like, and that that is per- vasive m Vermont. It's pervasive in our soaety, and it's something that the media in general can help try to shine a light on to some extent to show that this is a very difficult issue, but it is one that we need to discuss. And if the media's going to be a member of this community at large, it's going to be trying to shine some light on this and not just keep on reporting the same old problems again and again. Having covered stuff around this area for about 5 plus years, I've been to a number of community forums regarding race and you hear the same stories again and again being told to the same people, but for some reason neither the media nor community seems to hold people to the high standard that they should and ask the tough questions on why nothing is happening. The important part that we all need to focus on IS that as we talk about this, each individual situation merits its own airing. And I think we can't deny anyone a chance to do that, but we also need to look at the greater picture and find what's going to come out of all of this. Certainly there can never be enough dialogue in a commu- nity around this topic. I know the media can help that dialogue along; it can also hinder it too if we ourselves don't have the kind of steep learning curve that we need to have in discuss- ing these issues. Aundrie Robinson ^ Establishing an appreciation of cultural diversity I've been a resident of Brattleboro, 'Vermont, for 3'/2 years. I'm the director of the Round Table of ^^ Robinson testimony, Rutland Transcript, pp. 231—40. This summary of her Nov. 5, 1997, presentation is baaed upon her request of Jan. 11. 1999. 50 L mt\ The Round Table of Unity s mission is to create a model for building a healthy diverse community uruted in commitment to change. It promotes harmonious relationships by working collaboratively with local businesses, nonprofit, and grassroots organizations offering educa- tional, social, and cultural activities in an inte- grated environment. It also develops and en- courages awareness of the positive aspects of diversity to increase understanding of our changing multicultural community through pro- grams that promote conscious self- empowerment, mutual respect, empathy, and compassion for others. In order to make a difference it's important for groups to work together. As far as reaching the community, it's important to establish cul- turally inclusive educational programs and learning environments that reflect all races, na- tionzdities, and beliefs in a factual and realistic DISCUSSION MR. TUCKER: Do you think the schools and certain agencies in Brattleboro are hand in hand when It comes to talking about racial issues if they talk about them at all? MS. ROBINSON: I think that they are mak- ing an effort to work toward them. Summary Representatives from community orcanizationj the University of Vermont, and the Vermont De- partment of Corrections discussed the existence of racism and racial harassment in the State teacher training issues, and prospective methods to increase diversity in the State's educational system. Mr. Rhodin, a clinical social worker, identified subtle forms of raasm experienced by parents who have adopted transracially. Ms Rutledge of the Vermont Eqmt>- Project noted significant omissions in school cumculum mate- nals and proposed remedial corrective measures (for details, see appendix 7), Other panebsts spoke of the need for a statewide proactive re- sponse to racism and raaal harassment and a general acknowledgment by Vermont institu- tions that the population is becoming increas- ingly diverse. Panelists recommended that the State Department of Education mandate raaal sensitivity training as a prerequisite for teacher certification and collaborate with community organizations tind the University of Vermont to develop a statewide curriculum for prospective teachers. Two panelists from the Vermont Department of Corrections described a diversity training pro- gram currently being administered to correction officers that could be tailored to public school teachers and students. The program's compo- nents include developing an understanding and appreciation for other cultures and identifying raaal stereotypes. 51 Chapter 3 Overview of the Vermont Public School System and State Enforcement Agencies Intended as an over\'iew of the Vermont public school svstem and State enforcement of antihar- assment laws, this chapter provides State demo- graphic and school enrollment data and a de- scription of three Vermont State agencies charged with monitoring civil rights. A descrip- tion of the organizational structure of the school system is included in addition to a review of the respective jurisdictional boundaries of the com- missioner of the Department of Education and school supervisory unions. This is followed by a brief overview of the State's Equail Educational Opportunity Act (Act 60) and ways it fails to ad- dress racial harassment issues. Lastly, the chap- ter reviews the Vermont Department of Educa- tion, Vermont Human Rights Commission, and the Vermont Attorney General's Criminal and Civil Rights Enforcement Units.' For each agency hsted, the Committee describes the ju- risdiction, staf&ng, and enforcement difficulties stemming from statutory or finanaal con- straints. Elementary and Secondary Public School Enrollment According to the 1990 census, Vermont has a total minority population of 10,523, which repre- sents 1.84 percent of the State's total population of 571,334 residents. Of Vermont's 14 counties, Chittenden. Franklin, and Washington Counties account for the largest percentage of minorities in the State. Chittenden, the State's most popu- lous county, has the highest number of African ' Agency descriptions, their functions, and enforcement methods were gathered at the community forums from tes- timony by officiab from the Vermont State Department of Education and Vermont Human Rights Commission. Infor- mation was also provided by Kathenne A. Hayes, Assistant Attorney General for Civil Rights. Vermont Attorney Gen- erals Office, and Max Schlueter, Vermont Department of Public Safety. Criminal Information Center in wntten corre- spondence and telephone interviews with Eastern Regional Office staff. American, Asian American, and Hispaiuc resi- dents (see table 3.1). In 1996 Vermont had an estimated popula- tion of 588,654, an increase of 4.6 percent from the April 1990 census count of 562.758.- Ver- mont s total population is projected to increase to 617,000 m the year 2000 and 678,000 in 2005.^ The U.S. Census Bureau estimates that between 1995 and 2005, Vermont will experience one of the largest increases in minority population m the country.^ Over the past 20 years, Vermont has seen an increase in public school enrollment. As shown in table 3.2, in fiscal year 1996, there were 2,905 minority students in Vermont's elementary and secondary schools (1,025 Asian Americans, 837 African Americans, 621 Native Americans, and 422 Hispanics).^ Between 1993 and 1997, the number of Asian American students grew by 9.7 percent per year followed closely by Hispanic enrollments with a rate of 9.2 percent, and 8.5 percent for African Americans.* One reason for ^ Vermont Department of Health, Agenc>' of Human Serv- ices, "Population and Housing Estimates 1996," p.l, Novem- ber 1997 3 See U.S. Department of Commerce. Bureau of the Census, Vermont's Population Projections: 1995 to 2025. * Hispanic growth rate ranks 2nd largest, followed by Asian/Pacific Islander at 14%, Amencan indian/Eslumo/ Aleut (18th largest), and Afncan Amencans ranking 66th largest. See U.S Census Bureau, Vermont's Population Projections: 1995 to 2025, p. 5. The staUstics referenced are for non-Hispanic African Amencans, American In- dian/Eskimo/Aleut. and Asian Pacific Islanders. ' Vermont Department of Education. "Vermont Public Edu- cation Enrollment Report: Executive Summary 1995-1996,* p. ii. May 6, 1996. ' Ibid. Vermont experienced a decrease m the number of minority students between fiscal years 1996 and 1997. The Vermont Department of Education attributes this decrease to the reporting of students of mixed ethnic backgrounds as "other," a category not included in fiscal year 1997. In 1995 students m this category represented 5% of the total ethnic population, and 14% in 1996. The department attributes this 52 Table 3.1 Population Characteristics by County (1990 Census) Amer. Ind./ Asian/ Total Eskimo/ Pacific minority % County White Black Aleut Islander Hispanic population minority Addison 32.506 133 77 193 208 611 1 .879% Bennington 35 464 116 54 184 220 574 1.618% Caledonia 27.607 54 100 70 90 314 1.137% Chittenden 128,897 819 294 1.466 1,179 3.758 2.915% Essex 6.356 13 18 11 30 72 1.132% Franklin 39.201 58 585 99 136 878 2.239% Grand Isle 5.268 15 23 11 20 69 1.309% Lamoille 19.557 27 48 71 89 235 1.201% Orange 25.935 46 67 71 103 287 1.106% Orleans 23,873 49 56 50 92 247 1.034% Rutland 61.639 152 70 214 273 709 1.150% Washington 54.334 177 106 236 663 1,182 2.175% Windham 41.012 157 74 259 303 793 1.933% Windsor 53,439 135 124 280 255 794 1.485% Total 555,088 1.951 1,696 3.215 3.661 10.523 1.841% Source: U. S. Department of Commerce. Bureau of the Certsus. Area artd Population. County artd City Data Book, Washington, DC U.S Government Pnnting Office, 1994, pp. 578-9. Table 3.2 Vermont Elementary and Secondary Public Schools Ethnic Enrollment, 1985-1997 Total numt>er Native Asian/ %of and % of Amer./ Pacific Total white minority Year White Black Alask. Isl. Hispanic Other students students students 85-86 89.047 334 246 422 108 NA 90,157 98.77% 1.110(1.23%) 86-87 NA NA NA NA NA NA 91,720 NA NA 87-88 91,250 428 441 473 163 NA 92,755 98.38% 1,505(1.62%) 88-89 91.867 398 458 466 192 NA 93.381 98.38% 1.514(1.62%) 89-90 93.069 461 483 520 246 NA 94,779 98.20% 1.710(1.80%) 90-91 93.881 464 552 608 257 NA 95,762 98.04% 1.881 (1.96%) 91-92 95,057 544 590 676 257 NA 97,124 97.87% 2.067 (2.13%) 92-93 96,336 605 612 708 297 NA 98.558 97.75% 2,222 (2.25%) 93-94* 100,184 724 634 889 324 NA 102.755 97.50% 2.571 (2.50%) 94-95* 101,796 735 544 961 350 147 104.533 97.38% 2.737 (2.62%) 95-96* 102,271 784 634 1.015 390 471 105.565 96.88% 3.294 (3.12%) 96-97* 103,436 837 621 1,025 422 NA 106.341 97.27% 2.905 (2.73%) Source Vermont Department of Education School Finance Operations, Vermont Elementary and Secondary Public Schools Enrollment Report. Feb 26. 1997. ' Includes 5 independent high schools acting as public schools for years 1993-1996. 53 the dramatic increase in the number of minority students is the large numDers of nonminonty parents who adopt children from other races each vear Jurisdictional Boundaries — Overview of the Vermont Public School System Like many other States in the Nation, admini- stration and oversight of Vermont's approxi- matelv 328 pubbc eiementar>- and secondary- schools is divided among several State and local entities. By virtue of Vermont s State and local government structure, three major entities over- see some aspects of school administration: the Vermont State Board of Education, area super- visor>' union boards, and superintendents of in- dividual supervisory unions. The State Board of Education, consisting of seven board members appointed by the Gover- nor, has general supervision of all educational entities m the State and regiilates the quali£ca- tions, licensing, and certification of teachers. The board oversees the Vermont Department of Edu- cation, which administers the policies of the State board and State law relating to schools and distributes funds received by the State board from the legislature. The commissioner of the Department of Education identifies the edu- cational goals of the pubhc schools and executes pohcies of the State Board of Education.* In ad- dition, the commissioner accepts, distributes, and accounts for Federal funds for elementary and secondary education received by the State board. 5 Supervisory unions are approved by the State Board of Education and serve as the administra- tive, planning, and educational units for school districts in their respective areas.'" Supervisory unions set curriculum plans, identify educational goals and objectives for each school district in jump to the possible errors in classifying students m par- ticular ethnic groups. Ibid. ' Dianne Dexter, state adoption coordinator, Vermont De- partment of Social and Rehabilitation Services, testimony before the Vermont Advisory Committee to the U.S. Com- mission on Civil Rights, community forum, Nov 4, 1997 (hereafter cited as Burlington Transcript), p. 118. See also Tor>' Rhodin. clinical social worker, Casey Family Services, Post-Adoption Program, Rutland Transcript, p. 181. « \T. STAT. ANN tit. 16, § 212 (1997). 9 Ibid 10 Ibid. § 11 the union, and esiabhsh written pohcief or. teacher professional development '■ The State.- 60 supervisor.- uiuons manage over SOd scnoo. districts.'- Each supervisor- umon may tiire a person or persons to serve as superintendent of the supervisory union. Superintendents have statutory responsibiht>- m areas of pohcy ad- ministration, educauonal goal setting, and per- sonnel matters.^^ Vermont Equal Educational Opportunity Act of 1997 The enactment of the Equal Educational Oppor- ttinity Act,''* commonly known as Act 60, consti- tuted a significant change in how the State and Its school districts raise funds for educauon. As debate concerning the act's major provisions con- tinues,'* the Advisory Committee offers a brief description of its saHent portions, while noting the absence of specific provisions relating to the prevention or elimination of racial harassment incidents.'^ Before 1997, Vermont pubhc schools were generally funded by two means: funds raised by property tax assessments by cities and towns, and funds distributed by the State Board of Edu- cation using an aid formula known as the Foun- dation Plan.'" Since the State supported ap- X Ibid. § 261(a). '^ Most, but not all of the State's 251 towns constitute a school district. Wilbam Reedy, legal counsel. Vermont Department of Educauon. telephone interview. Oct. 9, 1998 A copy of the interview notes is on file at the Commission's Eastern Regional Office. ■3 VT. STAT. ANN. Ut 16, § 563 (1997). See also Dr. Marc Hull, commissioner, and John Nelson, project manager, Vermont Department of Education, "Draft Working Paper on Public School Governance," July 1998. >* VT. STAT. ANN. tit 16, § 165 (1997) '5 See Nancy Remsen. "Now for the Good News," Burlington Free Press, Nov 5, 1997, and Carol Innerst, "Court Battles Over School Choice Loom in Wisconsin and Vermont, The Washington Times, Mar. 4, 1998. '^ See Vermont School Boards Association and the Vermont Superintendents Association, "Act 60 Handbook: Imple- menting Vermont's Equal Educational Opportunity Act," (October 1997) for a description of specific educational funding components or formulas. " Bngham v. State, 692 A.2d 384. 387-88 (1997). Under the Foundation Plan, a formula is generated each year by the legislature by which the State measures per pupil spending and funding to individual school districts. Id. Note also that Vermont pubhc schools receive Federal and State and other sources of finances William Reedy, legal counsel, Vermont 54 proximately 32 percent of public school expendi- tures with the remainder generated by individ- ual towns and regions, this system created stark contrasts in the levels of educauonal funding between rich and poor towns or regions.'^ As a result, many in the State, particularly propert\- owners from tax-poor school districts, felt that the States school financing scheme rendered some poorer, less-populated school districts un- able to raise sufficient funds to provide educa- tional services equal to those afforded students in wealthier school districts. '^ In Februar>' 1997, the Vermont Supreme Court ruled in Brigham v. State that the State has a responsibility to provide all students sub- stantially equal access to similar education revenues regardless of the student's place of residence. 20 The ruling caused the legislature to embark on a 6-month endeavor to address ineq- uitable school finance distribution among school districts resulting m passage of Act 60 in June 1997. Although the State covered only 26.9 per- cent of the general school expenses, the legisla- ture sought to implement a measure to ensure that £ill schools would receive State aid through a variety of funding mechanisms. 2' These funds are contingent on schools meeting basic quality and student performance standards and partici- pating in the State's comprehensive assessment program.-- With the help of parents, teachers, and community members, schools are required to develop a comprehensive action plan to im- Depanment of Education, telephone interview, Oct. 9. 1998 A copy of the interview notes is on file at the Commission's Eastern Regional Office "■ Vermont School Boards Association and the Vermont Superintendents Association, "Act 60 Handbook: Imple- menting Vermonts Equal Educational Opportunit>' Act," (October 1997; As an example of the stark level of funding, consider that m fiscal year 1995 the town of Richford's aver- age expenditure per student was $3,743, which was calcu- lated on Its property tax base of approximately $140,000 In contrast, the town of Peru spent almost twice the amount per student ($6,476) based on its tax base of $2.2 million. Brigham v State. 692 A.2d 384, 389 (1997). "> Id at 397 See also Vermont School Boards Association and the Vermont Superintendents Asaociauon, "Act 60 Handbook Implemenung Vermont's Equal Educational Opportunity Act," (October 1997), p. 4. ■" These include grants, property tax disbursements, and local educauon tax allotments. Ibid. 2^ Ibid prove student performance and must establish a needs-based" professional development pro- gram. Schools must annually report to their re- spective school boards the number of teacher and support staff, student performance rates, and provide an overall assessment of the health and "social well-being"^^ of children in the dis- tnct.2< In order to ensure that these quality- stan- dards are met, the Commissioner of Education is required to conduct assessments of each Ver- mont school to determine if educational oppor- tunities are substantially equal to those provided in other schools. The commissioner is empow- ered to take immediate steps if schools fail to meet these standards. The commissioner, for example, may adjust supervisory union bounda- ries or responsibilities, assume administrative control, or close the school. Although Act 60 requires school districts to report school performance data and the social well-being of all students, the law does not man- date reporting of efforts to ensure bias and har- assment-free learning environments. Therefore, individual school districts are not required to undertake assessments of racial harassment in- cidents and/or racial tensions within schools, or to improve teacher skills in teaching tolerance and sensitivity to minority concems^s (see chap- ter 4, conclusion 7). Vermont State Agencies and Their Role in Investigating Racial Harassment Incidents Against Students This section contains a simplified summary of three State agencies: the Vermont Department of Education, Vermont Human Rights Commis- sion, and the Civil Rights Unit of the Office of the Attorney General. Their roles in investigat- ing racial harassment incidents against students and their jurisdiction, staffing, and dvil rights enforcement difficulties are described below. State school districts receiving Federal funds must provide equal educational opportunity to students in nonhostile learning environments. 23 Since this phrase is used without definition in the statute, It IS not clear whether "social well-being' includes harass- ment-free learning environments. See VT. STAT. ANN. tit 16, § 165 (1997). " Ibid « See ibid. 55 This responsibility includes protection of all stu- dents from discninmator>- conduct or actions hkelv to constitute harassment. To meet this obiective, two State agencies, the Vermont De- partment of Education and Vermont Human Rights Commission, are charged with investi- gating racial harassment madents among stu- dents m Vermont s public schools. The Vermont Department of Educauon derives its authority to investigate incidents of racial harassment from Its general mandate to ensure comphance with all laws relating to pubhc schools. Pursuant to Vermonts pubhc accommodation statute, the Human Rights Commission has been given sole jurisdiction over racial discrimination com- plaints against schools. 2^ Although the Civil Rights Unit (CRU) of the Office of the Vermont Attorney General does not handle harassment complaints occurring in the schools. Its efforts (along with States' attorneys for individual covmties) to coordinate with other State agencies are noted here. Vermont Department of Education Although the Vermont Department of Education retains general jurisdiction over schools, day-to- day operations are left in the hands of local school districts and supervisory union boards. As such, the department routinely refers harass- ment cases to the Human Rights Commission for investigation and may at times facilitate resolu- tion of the cases. As of May 1997, the Depart- ment of Education initiated 10-15 investigations of sexual/racial harassment incidents. 2' Department representatives identified vari- ous factors that make it difficult for the depart- ment and schools to effectively investigate and counter acts of discrimination. These factors in- clude (1) staffing shortages, (2) limitations of the 2B VT. STAT. ANN. tit. 9, §§ 4501, 4552(b) (1997). Under the statute, discrimination m schools, restaurants, stores, or other facihties that provide services, facilities, goods, pnvi- leges, advantages, benefits, or accommodations to the gen- eral public is prohibited. Ibid. See also Kathenne A. Hayes, Assistant Attorney General for Civil Rights, Vermont Attor- ney General's 0£Bce, telephone interview, Mar. 23. 1998. A copy of the interview notes is on file at the Commission's Eastern Regional Office. '^' Karen L. Richards, legal counsel, Vermont Department of Education, statement presented to the Vermont Advi8or>' Committee to the U.S. Commission on Civil Rights. May 13, 1997. A copy of the meeting notes is on file at the Commis- sion's Eastern Regional Office. Anti-Harassment in Education lav.-" anc i5 teachers and administrators lack of experience and skills in dealing with raaal harassment 1. Staffing Shortages. The department does no: have staff assigned exclusively to investigate and respond to raaal harassment incidents - Currently, two attorneys on a part-time basis respond to reported inadents of harassment while performing their other duties at the department.^ The department was seeking to estabhsh an investigator posiuon for fiscal year 1998. However, even if this request were granted, only one investigator wotild be em- ployed who could only devote part of his or her work tune to addressing raaal harass- ment issues.^' 2. Limitations of the State Anti-Harassment in Education Law. Additional limitations on the department's ability to enforce State law arise from the absence of specific provisions in the State Anti-Harassment in Education law. Pursuant to the act, each school district is required to implement and adopt antihar- assment policies and procedures. However, the statute neither requires individual school districts to submit harassment pohaes or procedures for review by State officials, nor offers penalty provisions for failure to adopt or implement antiharassment pohcies. Given the jurisdictional boundaries previously de- scribed, the Vermont Department of Educa- tion has only general authority over supervi- sory unions and does not have direct author- ity over the maintenance of the harassment policy within schools. This makes it highly difficult for the department to monitor indi- vidual school districts for their compliance with the Anti-Harassment in Education law. As of April 1998, the department had not M VT. STAT. ANN. tit. 16, § 565 (1997). ^ Paul Fassler, legal counsel, Vermont Department of Edu- cation, Burlington Transcript, p. 85. ^ Before the passage of the State law 665, the department requested a budget that would have allocated funds for addi- tional investigative staff and/or money for mandatory training programs for school districts. However, that provi- sion was removed during appropriation. Fassler testimony, Burlington Transcript, pp. 86-87. ^' Fassler and Richards testimony, Burlington Transcript, p. 85. 56 compiled a list of school boards that had adopted the State model pohc>- on harass- ment. Should a. school district fail to imple- ment a model pohcy or procedures that do not adequately address harassment issues, the State Board of Education and Commissioner of the Department of Educauon could inter- vene. However, this is unlikely given the fact that some administrators may report only to their respective school districts or supervisory union boards. 3. Lack of Experience and Skills in Dealing with Racial Harassment. Additional difficulties encountered by the department include (1) administrators' and teachers' lack of basic knowledge and experience in dealing with other culttires and people of other races, (2) reluctance by minority students and parents to report cases to the department for investi- gation, (3) a level of ignorance and fear on the part of administrators and teachers sur- rounding issues of raasm, and (4) depart- ment staffs lack of skills necessary to assist school districts regarding what steps schools can take to teach greater tolerance.^ To remedy some of these difficulties, Depart- ment of Education representatives identified potential solutions that could assist in eluninat- ing incidents of discnmination and reduce the number of cases for the department to investi- gate. These include (1) providing information and training to administrators, teachers, and staff that offer a basic understanding of cultural differences and the needs of minority students and the problems they face, (2) conducting par- ent community forums in the schools to promote interaction with faculty and students, (3) creat- ing a school culture that fosters zero tolerance for harassment in the school or on school grounds, (4) issuing a statewide mandate for the maintenance of a bias-free curriculum that is evaluated by the department in its standards review process, and (5) establishing mandatory annual training in all 'Vermont schools that ad- dresses cultural differences and school antihar- assment pohcies.33 Department representatives '2 Fassler testimony, Burlington Transcript, pp 83-84; Richards testimony, Burlington Transcript, p. 81. " Richards testimony. Burlington Transcript, pp 71-88 (in suggested that school administrators would be more receptive to implementing training if it were required by the State Board of Education and enough funds were allocated to achieve the goals of the training.^ Vermont Human Rights Commission Investigation and Processing of Civil Riglits Complaints In 1986 the Advisory Committee held a pubbc hearing to review the State's civil rights stat- utes, agencies, and methods of enforcement. ^^ Partiapants at the hearing cited a range of avil rights difficulties that have persisted in the State for some time.^ After the Committee pre- sented its findings before key legislators, public awareness of the State's continued problems with racism sparked an effort to revitalize the Vermont Human Rights Commission. In 1987 the Vermont legislature established a new Hu- man Rights Commission, which was authorized to strengthen public education for the impor- tance of dvil rights and to "examine and evalu- ate the existence of discrimination in the State ."37 Currently, the commission consists of five commissioners appointed by the Governor and has jurisdiction over discrimination in housing, public accommodations, workers' compensation, and State employment. The commission is general). See also p. 74, 80. 3Mbid. p. 80-81. ^^ Participants at the hearing included former Governor Madeline Kunin: State Supreme Court Chief Justice Fre- derick Allen; former State Representative Judy Stephany; and the executive director of the Connecticut Commission on Human Rights, Arthur Green. See Vermont Advisory Com- mittee to the U.S. Commission on Civil Rights, Civil Rights Enforcement in Vermont. A Summary Report, 1987. ^ Ibid See also R.T. Cassidy, "Civil and Human Rights in Vermont," in Vermont State Government Since 1965, ed., Michael Sherwood (Burlington, VT: Snelling Center for Gov- ernment, University of Vermont, forthcoming, 1986). Caaaidy discusses a range of civil rights problems that have plagued the State, including racial discrimination in public accom- modations. 37 VT. STAT. ANN. tit. 9, § 4552 (1997). See also RT. Cas- sidy, "Civil and Human Rights in Vermont," in Vermont State Government Since 1965, ed., Michael Sherwood (BurUngton, VT: Snelling Center for (jovemment. Univer- sity of Vermont, forthcoming, 1988). According to Caaaidy, in 1987 the Vermont legislature adopted statutes relating to anti-discnmination in public accommodations and £air housing. 57 authorized to employ an executive director one compliance officer one investigator, and one sec- retar\ Currently the commission employs an executive director two investigators, and one pan-time secretary. ^^ To carry out its mission, the commission may file lawsuits asking a court to enforce conciliation agreemenls and prohibi- tions against discrimination, issue temporary or permanent injunctive rehef. impose civil and punitive penalties, or remit attorney fees.^* Under Vermont statute, all persons who be- beve thev have been subjected to unlawful dis- crimination may file a complaint with the com- mission.^^ The commission receives a majority of the claims of school-based discrimination through calls to the Montpeher office and refer- rals from the Vermont Department of Education and school staff.'" If the particular grievance falls within its ju- risdiction, the commission accepts the charge and begins an investigation. The major steps in the complaint investigation and resolution proc- ess are schematically highhghted in figure 3.1. The investigation process includes interviews with the parties and witnesses involved and col- lection of supporting documentation. After com- pleting the investigation, the investigator writes an investigative report that details the conten- tions of the parties and relates facts and evi- dence to apphcable law. Before the commission- ers reach a final determination in a case, the parties are given the opportunity to comment on the staffs recommended finding in the investiga- tive report and to appear before the commission- ers when they review the case presentations. '•^ If the commission finds reasonable grounds to sup- port a charge of unlawful discrimination, the parties in the case are granted the opportunity to comment on the written report and may ap- pear before the commission when the case is heard. ■'^ At the case presentations, the parties '* Harvey Golubock, executive director, Vermont Human Ptights Commission, Burlington Transcript, p. 47. 39 VT. STAT. ANN. tit. 9, § 4553 (a)(6)(A-F) (1997). «> Id. § 4554. " Golubock testimony, Burlington Transcript, p. 48 *- Harvey Golubock. executive director, Vermont Human Rights Commission, letter of Oct. 15, 1998, to Marc PenUno, Eastern Regional OfBce. A copy of the letter is on file at the Commission's Eastern Regional Office 43 \T STAT. ANN. tit. 9, § 4554 (c) (1997). may explain their positions before the commi-- sioners determine whether tnere are reasonable grounds to beheve that discrimination occurrec m the case '•■' Throughout this process, the commission at- tempts to facihtate settlement between the par- ties. If a settlement cannot be reached the com- mission has the authority to seek a court injunc- tion, compensatory and punitive damages or fines of up to $10,000 per violation and attor- ney's fees.*^ The majority of inadents of harass- ment are settled by an agreement, which in many instances includes monetary payments to the parents of harassed students. Recently, the Vermont legislature appropriated funds for the commission to utilize a mediation program that the parties can use at no cost.*^ Incidents of Racial Harassment Reported to the Vermont Human Rights Commission The commission tracks the number of charges accepted for investigation based on the alleged basis of discrimination. During fiscal years 1994-1996, the commission accepted 472 charges for investigation, 72 (or 15 percent) of those were allegations of discrimination against public school students.^' Of those 72, 17 were claims of discrimination on the basis of race.** Given the small numbers of minority students m Vermont, commission officials estimated that race-based discrimination charges represent a disproportionately large number of discrimina- tion complaints filed with the commission.''^ The ** Harvey Golubock, executive director, Vermont Human Rights Commission, letter of Oct. 15, 1998, to Marc Pentino, Eastern Regional Office. A copy of the letter is on file at the Commission's Eastern Regional Office. « Vt. STAT. ANN. Ut. 9, § 4553(a)(6)(A-D) (1997). « Ibid. *' (jolubock testimony, Burlington Transcript, p. 50. « Ibid *^ Other categones of discrimination reported to the Com- mission during this penod include sexual harassment (31%). harassment based on disability (21%), and harassment based on sexual onentation (10%). Michael Powers, investi- gator, Vermont Human Rights Ck>mmission, statements made to the Committee at its May 13, 1997, planning meeung. A copy of the minutes to this meeting is on file at the Commission's Eastern Regional Office. See also Golubock testimony, Burlington Transcript, pp. 51-52 and Golubock letter of Oct 15, 1998, to Marc Pentino, Eastern Regional Office. A copy of the letter is on file at the Commis- sion's Eastern Regional Office. 58 Figure 3.1 Vermont Human Rights Commission Complaint Initiation and Resolution Process ConKMamt is fiaa wKh the Human Rightt Coiranmon by parent or uacner mada under oatn or by latoiral of comotemt from Vermont Daoanment o( Eaucation Oelerminaoon o' Junadrebon CompUJnt must mvohre housing, pub^ accommodation, weikers compensation or State amploymeflt saues Junsdicwn H . ^ L Case ivtencd to obwr State/ Fadaral agency -• CaM eieead oondMtaon cffofls v conwnsnoM Ivmim This table was constructed using information found in VT. STAT. ANN. Til 9. 4551-4 (1997) Some details were provided by Harvey Golubock, executive director. Vermont Human Rights Commission in letter of Oct 15, 1998. to Marc Pentino, Eastern Regional Office. 59 mapnty of harassment cases involved racial harassment by other students rather than by school empioyees^'^ In those cases, the commis- sion assesses whether the schools take prompt and appropriate action to prevent and amelio- rate the situation.^' Investigative and Enforcement Difficulties Commission officials noted that the small staff of investigators hinders their ability to quickly in- vestigate harassment cases and monitor the suc- cess of settlement agreements. s- The average time for commission investigators to issue a re- port of their investigation is 9 months followmg the receipt of the initial complaint. ^^ The fol- lowing case study illustrates the length of time one parent experienced when she filed a charge of discrimination involving schools. " Thus a complaint filed at the beginning of the school year may not receive resolution until the following school year. When delays in processing such as this occur, there is a great potential for devastating effects upon a child's educational and emotional development. As each day passes m which a student experiences racial harass- ment that is not timely investigated and re- solved, there is greater risk for long-term effects upon the student's self-esteem, socialization, and school performance. Case Study" ^^ Golubock testimony. Burlington Transcript, p. 52 = 1 Ibid ^- Ibid., pp 60-61 See also Michael Powers, investigator, Vermont Human Rights Commission, statements made to the Committee at its May 13, 1997 planning meeting. A copy of the minutes to this meeting is on file at the Commission's Eastern Regional Office " Harvey Golubock, executive director, Vermont Human Rights Commission, telephone interview. Mar. 13, 1998. A copy of the interview notes is on file at the Commiasion's Eastern Regional Office ^ This case study is constructed based on transcript entries and materials furnished by the parent, such as the original complaint, response by the school district, and the Human Rights Commission investigative report. Telephone inter- views conducted between November 1997 and July 1998 were also used. These materials are on file at the Commis- sion's Eastern Regional Office. At the request of the parent, the child and parent's names are omitted. In the summer of 1996. the parent o< a multi- raaal, disabled child moved into a new school | distnct. In a January 1997 complaint to the Hu- I man Rights Commission, the parent alleged that although school distnct officials initially offered her a choice of two schools, upon learning that the student was multiracial and had a learning disability, it withdrew the offer Classified as a "charge of public accommodation discnmination,' the Human Rights Commission accepted the charge for investigation in February 1997 In early March 1997, the school distnct sub- mitted its response to the charge to the commis- sion at which time the allegations were investi- gated. At various times throughout 1997, the parent contacted commission staff to inquire as to the status of her case, only to t>e told the case was still pending and to call back in the following month. In April 1998 (15 months after the initial filing of the complaint), the commission held a hearing to resolve the matter. In May 1998, the commission found no reasonable grounds to t>e- lieve that the school district discriminated against the child on the basis of race or disability.^ During and after its investigations, the Hu- man Rights Commission attempts to assist schools and parents who allege that their chil- dren have been harassed enter into settlement agreements with particular schools.*' If the par- ties reach an agreement the commission finds *' In reviewing this secUon, executive director of the Ver- mont Human Rights Commission stated: "This gives the inaccurate impression that when the mother called about the case, the Commission's staff would not discuss it with her and told her to call back. The invesugator told me that she always spoke with the mother when the mother called or returned the mother's telephone calls and that she ex- plained the status of the investigation and its progress since the mother's last call. The investigator stated that she told the mother that she was working on a number of investiga- tive reports and that she would complete the mother's as soon as she could. The investigator also stated that she told the mother the date she anticipated finishing the report as soon as she knew it." Harvey Golubock, executive director, Vermont Human Rights Commission, letter of Oct. 15, 1998, to Marc Pentino, Eastern Regional Office. A copy of the let- ter is on file at the Commission's Eastern Regional Office. "Ibid. " Ibid. 60 fair and appropriate, the commission will gener- ally accept the agreement and take no further action on the case except to enforce the terms of the agreement.*'^ In many cases, commission staff rely on parents to inform them of continu- ing problems with the school and compliance with settlement agreements. ^^ Although the commission maintains contact with pzirents who have reached settlement agreements or obtained monetar>' awards, it has httle abilitv' to track the success of these agreements, monitor reoccumng problems, or seek additional remedial actions if necessar. . In addition, the commission does not enter into agreements or seek remedial efforts with the parents of the children who were perpe- trators of the discrimination.^ The commission IS also unable to regularly monitor efforts that schools take to ensure nondiscrimination or work with schools experiencing high numbers of raaal harassment incidents. The current situa- tion is espeaally troublesome, given the commis- sion staffs observation that some school admin- istrators view Vermont's antiharassment statute as an unnecessary regulatory burden not re- quiring action by the school district.^' An ad- ministrator's failure to act will compound the time needed to reach a resolution and will con- tribute to the investigative and enforcement dif- ficulties inherent in the process. The Advisory Committee is concerned that this will cause seri- ous educational and emotional damage to stu- dents who must confront harassment on a daily basis. These concerns are addressed in chapter 4. conclusion 8. State's Attorneys for Individual Counties and the Civil Rights Unit of the Office of the Attorney General The Vermont Attorney General and State's at- torneys for individual counties have jurisdiction over racial assaults and are authorized to pursue criminal prosecution for these acts in the inter- est of the State. While the State attorney general M Ibid. " Golubock tesumony, Burlington Transcript, pp.GO-62. «« Ibid , p.59 *' Michael Powers, investigator, Vermont Hunnan Rights Commission, statements made to the Committee at its May 13. 1997. planning meeting A copy of the minutes to this meeting is on file at the Commission's Eastern Regional Office retains general supervision of criminal prosecu- tion, each State s attorney has broad discretion to prosecute offenses occurring within his or her individual county. ^^ In addiuon to the State ? prohibitions against discrimination in commer- aal transactions, ^3 emplo\Tnent,^ sale and rental of real estate, ^^ and pubhc accommoda- tions,®^ Vermont has established criminal sanc- tions for discriminatory conduct that is racially motivated.®" Within the Attorney General's Pubhc Protec- tion Division, a Civil Rights Unit (CRU) has been assigned solely to investigate civil rights complaints. However, the CRU primarily inves- tigates employment discrimination matters that it either litigates or refers to the U.S. Equal Em- ployment Opportunity Commission.** The CRU currently consists of one attorney and two inves- tigators. Although the of&ce is able to process all incoming complaints through preliminary tele- phone inquiries and case referral letters, the of- fiice cannot conduct full indepth investigations given its current staffing level.®^ In the event acts of Bchool-based racial harassment occur and are referred to the CRU, the case is immediately forwarded to the Vermont Human Rights Com- 62 VT, STAT. ANN. tit. 24. § 361(a) (1997). See also VT. STAT. ANN. tit. 3, § 153 (1997) and States Attorney v. At- torney (Seneral, 409 A.2d 599 (1979) S3 VT. STAT. ANN. tit. 8, § 1211 (1997). ^ VT. STAT. ANN. tit. 13, § 495(a)(1) (1997). « VT. STAT. ANN. tit. 9, § 4503 (1997). «« Id. § 4502. «' VT. STAT. ANN. tit. 13, § 1455 (1997). See also id. § 1456. In addition, the attorney general advises elective officials and State agencies on questions of laws and has general supervision of actions instituted by or against State officers. See VT. STAT. ANN. tit. 3, § 153(a), 159 (1997) *" In fiscal year 1997, the CRU processed 115 cases of em- ployment discrimination, as compared with 116 cases in 1996. In both years, the majonty of cases involved charges of discrimination based on sex or disability. In 1997 and 1998, the CRU brought 6 charges of race-based discrimination in employment. Two of the six charges involved allegations of race-based harassment and/or intimidation in employment. One charge was withdrawn with settlement, two were found to be without probable cause, and three were still pending as of Mar. 30, 1998. Katherine A. Hayes, AssisUnt Attorney General for Civil Rights, letter to Marc Pentino, civil rights analyst, U.S. Clommuision on Civil Rights, Eastern Regional Office. See also Hayes, telephone interview, Sept. 11, 1998. Copies of the letter and interview notes are on file at the Commission's Eastern Regional Office. 69 Ibid 61 mission fHRCi for mvesupation'o CRU staff es- timaied that approximately one to two cases per week are referred to the HRC by their office '' In comparison, the HRC forwards few cases to the CRU for investigation.'- HRC and the CRU rep- resentatives jointly coordinate so that matters are referred to the State agenc\- with the proper jurisdiction. The CRU has established a civil rights protection committee that is working to revise existing State law to permit the attorney general to pursue injunctive rehef. compensatory damages, and other relief in hate cnme cases. "^ The committee has drafted legislation that will be introduced in the January- 1999 session of the Vermont lepslature.'-* Difficulties that Limit Law Enforcement Agencies' Ability to Assist Victims The Advisorv' Committee has identified two diffi- culties that hinder law enforcement agenaes' ability to determine precisely the number of ra- cial harassment incidents that occur in a given school or area: (1) the lack of complete informa- tion on the number and frequency of acts of vio- lence against students, and (2) the absence of an information sharing system among State agen- cies for reporting these acts. 1 Currently, the Vermont Department of Public Safety's Criminal Information Center tracks aU calls to police departments that partici- pate in the State data coUection system. It is difficult for the center to determine accu- rately how many racially motivated madents are reported to pohce, since not all pohce de- partments participate in the system or main- tain statistical information on the number and tjTJes of hate crimes. '^ por example, it ™ \T. STAT. ANN. tit. 9, § 4552(b) (1997). See Kathenne A Hayes, Assistant Attorney General, Vermont Attorney Gen- erals OfBce, telephone interview, Mar 23, 1998 A copy of the interview notes is on file at the (Dommission's Eastern Regional Office. "" Kathenne A. Hayes, Assistant Attorney Cjeneral for Civil Rights, telephone interview, July 21, 1998. A copy of the interview notes is on file at the Commission's Eastern Re- gional Office. '- Ibid ■" The committee is volunteer and consists of CRU staff, government officials, and community leaders. Ibid ''' Ibid, telephone Interview, Nov. 25, 1998 "■'' Max Schlueter, Vermont Department of Pubhc Safety, was not until Januan' 15 199t tnat int Burhngton Police Department (wnicn na.- lu- nsdiction over the State s largest minont;. community) began submitting hate cnme sta- tisucs to the Criminal information Center ''■ Other commumues with large minontv populations (such as Barre. Brattle boro. and Montpelier) have not begun to submit their hate cnme statistics.^' During 1997 the cen- ter recorded 79 assaults involving students m both public schools and Vermont colleges and universities.''* Criminal Information Center staff estimate that the actual number of ra- aaily motivated incidents may be much higher.'^ Staff believe that if parents and student victims of racial incidents attempt to resolve their complaints through the school administration or by filing a complaint with the HRC, many acts will not be reported to the pohce and thus not recorded under the State's data collection system.^ An additional difficulty that limits accurate data collection by the center is the fact that many police offi- cers are not trained to recognize certain criminal acts that may be raaally moti- vated.*' As a result, many of the acts that could be considered as raaally motivated crimes may not be reported as race related. 2. According to the CRU, criminal prosecutions of acts considered raaally motivated are han- dled by State's attorneys, not the attorney general. *2 State's attorneys are alerted of in- cidents of violence when a report is filed by the pohce or by investigators working in a Criminal Information Center, telephone interview, July 2 and 9. 1998 A copy of the interview notes is on file at the Commission's Eastern Regional Office. '6 Ibid " Ibid ^" Ibid Of these 79 cases, the Burhngton area accounted for four racially motivated incidents, two of which occurred at the University of Vermont. " Ibid. <*> Ibid. " Kathenne A. Hayes, Assistant Attorney General for Civil Rights, telephone interview, Sept. 11, 1998. A copy of the interview notes is on file at the (Commission's Eastern Re- gional Office. "^ Ibid. Note, as of September 1998, the Attorney (jeneral's Office has not pursued any prosecutions under this provi- sion. Ibid. 62 State? attorneys of&ce who receive a call from a complainant and choose to investigate the matter. CRU staff noted that complain- ants frequently do not know which State agency accepts and processes harassment complaints. *3 Most cases of school-based harassment are referred to the HRC since they involve juvenile-to-juvenile conduct. Upon receipt of complaints. HRC staff may urge parents to contact pohce regarding acts of ^^olence in the schools. However as HRC staff do not report incidents to the pohce without the consent of the parents, it is probable that many of these acts ma> never be reported to State s attorneys *^ As a result of the above, the Ad^^sor>■ Com- mittee is concerned that State s attorneys and the attorney general may not be fully informed of acts of harassment and violence. Due to the difficulties in determining with any certaint>- the frequency of incidents. State's attorneys and the attorney general are limited in their abihty to assist State agencies, community groups, and victims in remedying the problem. *■' Kathenne A Hayes. Assistant Attorney General for Civil Right*, telephone interview, Sept 11, 1998 A copy of the interview notes is on fiJe at the Commission's Eastern Re- ponal Office ^ Information on the number of cases in which paicnta elected not to contact law enforcement officials ia unavailable. 63 Chapter 4 Conclusions and Recommendations At Its November 1997 coinmunit>' forum, the Vermont Advisor." Committee received informa- tion from parents, students. State government officials, and community organization represen- tatives concerning incidents of racial harassment in both elementan,' and secondary pubhc schools. The testimony gathered at the forum leads the Committee to beheve that racial harassment is widespread and pervasive in and around the State s pubhc schools and is a reflection of over- all race relations in the State. The Committee is deeply concerned for the safety and welfare of all students, particularly minorities, who at times must confront these acts without assistance from school officials and State agencies. Panelists de- scribed the pubhc schools as unfriendly and hos- tile to the needs of minority students, a setting wherein racial slurs, epithets, and physical as- saults occur. Panehsts also described the general ostracism of minority students from the total school community. As a result, minority students experience fear in attending schools and are re- luctant to participate in school activities, ad- versely affecting their academic performance. According to many panehsts, a climate of in- sensitivity exists m Vermont communities whereby residents exhibit general intolerance to others of different racial and ethnic back- grounds. This reahty has served to inhibit the entire State's abihty to develop a level of sensi- tivity to civil rights issues unrelated to racial harassment. The Committee fears that the det- rimental effects of racism will be evidenced in today's students long after completion of a par- ticular school year and graduation from the pubhc school system. As students leave the school system, many maintain their raaal stereotypes and may perpetuate harmful atti- tudes towards minorities and feelings of ani- mosity to others in the community. In addition, students who have experienced raaal harass- ment will likely exhibit negative self-esteem, lowered self-confidence, and a sense of es- trangement. These feelings may persist into adulthood and contribute to raaal tensions in other contexts. As schools play a major role in making posi- tive changes for a community, it is vital that an emphasis be placed on ensuring that attitudes of racial intolerance are corrected at an early age Messages of tolerance and sensitivity to minority concerns, transmitted to students and stafi', can positively influence Vermont residents and can play a role in changing a culture of intolerance that currently exists. The following conclusions and recommendations are offered by the Advi- sory Committee to summarize the report's major findings and to provide proactive suggestions for Vermont leaders and educators. Conclusion 1 Racism in Vermont Communities According to many panelists, acts of harassment, bigotry, and violence have been directed at members of all racial and ethnic minority groups and frequently occur in the pubhc schools. The Committee beUeves that these acts are merely a symptom of racism that is embedded within the larger Vermont community. As in many other States, racism has permeated into the very fab- ric of Vermont life, undermining residents' abil- ity to contribute to the productivity and stabihty of the State. It has also added to the statewide difficulty to launch and sustain vigorous avil rights protection for minority residents (chapter 1, pp. 1-4, chapter 2, pp. 6-8, 11-13, 15-19, 20- 30, 31-33, 4&-50). Recommendation 1.1 State officials, dvil rights and dvic organiza- tions, rehgious organizations, and business lead- ers must alert Vermont citizens that racism con- tinues to exist in the State, adversely affecting both minority and nonminority citizens in schools, the workplace, and m everyday interac- 64 nor.. State and community leaders must actively help develop a consensus that racism is no longer acceptable and must be eliminated. Rec- oenizing that this goal takes a sustained effort over a long period of time, government, advo- cacy, business, and rebgious organizations must develop a long-range, coordinated plan to deal with the problem statewide. Conclusion 2 Elimination of Racial Harassment as a Statewide Priority As the numbers of minority students increase in the State information gathered at the forum and followup research suggest there will be a concurrent rise m the number of raaal harass- ment incidents and that these incidents will not be adequately dealt with by school administra- tors or State agencies. Although there have been efforts by the State legislature to address this issue, it has not become a priority among school administrators, school boards, elected officials, and State agencies charged with civil rights en- forcement. In some instances, administrators and government leaders have demed the exis- tence of the problem and do not acknowledge the need for improvements in overall race relations within the State. The business community and private groups (who possess the knowledge and expertise in dealing with harassment) have not elevated the debate to the State level to direct pubhc attention and promote meaningful solu- tions. Although the Committee repeatedly of- fered school admuustrators and government leaders an opportunity to present their view- points on the issue, only two administrators at- tended the forum, while one organization (and one government official) submitted written ma- terials to the Committee subsequent to the event. Their failure to respond, the Committee beheves, is a reflection of general indifference and derual or avoidance of the problem of racial harassment (chapter 2, pp. 5, 8-11, 13-14, 17, 27-29, 44-47). Reconnmendation 2.1 As Vermont's minority population increases. State offiaals, avil rights and dvic organiza- tions, and business leaders must join forces to enhance community awareness that raaal har- assment in public schools is a statewide problem adversely affecting minority and nonminority students alike. The problem deserves immediate attention by all segments of the Vermont busi- ness, education, and rebgious communities. The Governor should provide direct and coordinated organization and leadership to raise the collec- tive consaousness to the problem of racial har- assment. It IS only through coordinauon and broad community involvement that improve- ments will be made. Business and government agencies should pool their resources to develop appropriate educational programs and teaching plans, promote community outreach events, and issue public service announcements. Organiza- tions that should lend their support include eco- nomic development agencies, the business roundtable, dvic dubs, religious organizations, local chambers of commerce, and Vermont teachers/superintendents unions. These organi- zations, in coordination with State offidals, should strive to promote a deeper understanding in every sector of the State of the debilitating effects of racism upon minority and majority students, school staff, and the surrounding community. Conclusion 3 The Need for School-Based Responses to Incidents of Racial Harassment According to some panelists, even when alleged instances of radal harassment occur in schools, it has been reported that administrators are re- luctant to accept them as radal inddents and may deny the existence of racial bias in the pub- lic schools. Panehsts reported that this problem may be due to administrators' lack of training and ability to recognize and effectively respond to raasm m the schools. Training that has been provided to teachers and administrators may not be successful in raising the consciousness or sen- sitivity of persons m the school system to prob- lems of racial bias. Although administrators are dedicated to their profession, many purportedly exhibit an inability to deal with persons of other races, larking an understanding on how to in- struct students on ways to cope with cultural differences. As a result, administrators may fail to take appropriate steps to disdpline the perpe- trators of racial harassment and lack skills to remedy the problem (chapter 2, pp. 5-6, 8-11, 13-14, 27-29, 44-47, 51). 65 Recommendation 3.1 State lawmakers local school boards and ad- ministrator? should support diversity m the pubbc schools and actively strive to ehminate racial and other forms of harassment. More spe- cifically, the State Bosird of Education and the Commissioner of the Vermont Department of Education should allocate sufficient resources to provide preservice and in-service training for all teachers, thus underscoring the importance of the prevention of racial harassment. The goal of all training should be to develop a class of teach- ers who anticipate potential situations wherein harassment may occur and can act swiftly to remedy the problem. Training should include techniques to identify' and prevent harassment in school settings and proper instruction on how to immediately resolve incidents when they are witnessed by staff or called to their attention. All training should stress the importance of school- based resolution of the problems so that referral of the incident to State agencies is viewed as a last resort. Conclusion 4 The Ineffectiveness of Existing State Law to Address Racial Harassment and Compliance by School Boards Existing State law is deficient in addressing the problem of racial harassment on a systemwide basis. Vermont's Anti-Harassment in Education law does not grant the Vermont Department of Education direct oversight responsibility for su- pervisor>- unions and local school boards with regard to racial harassment issues. In addition, the law does not provide any penalty provisions for the department to impose sanctions in the event particular boards fail to develop or imple- ment antiharassment poUcies and procedures. As found by the U.S. Department of Education's Office for Civil Rights, various school boards have not adopted provisions of the State model harassment pohcy and, in some cases, even ne- glected to adopt any policy. At present, schools report on the existence of racial harassment on a voluntary basis to their local school boards. Be- cause this information is potentially damaging to the school, administrators may be reluctant to assess voluntarily their school's compliance with the objectives of the statute, disciplinary actions. or the existence of raaal tensions (chapter 1. p.'o chapter 3. pp. 54—55). Recommendation 4.1 The legislature should amend the Anti- Harassment m Education law to give the State Board of Education and the commissioner ad- ministrative and enforcement oversight author- ity over race-related issues in school districts so that stronger enforcement mechanisms and ap- propriate sanctions can be developed. This wLH enable the Department of Education to deter- mine whether school boards have failed to de- velop and implement antiharassment pohces and procedures that conform to the State model. Directing the commissioner to impose stricter standards for oversight should improve better data collection and reporting and comphance with the Anti-Harassment in Education law by individual schools. Recommendation 4.2 The State Board of Education should make the elimination of harassment against any student a major agenda item of the State school system. The State Board should require disaplinary ac- tion for students who harass their peers. The disaplmary action should be commensurate to the severity of the offense and students should be aware that repeat offenses will result in greater consequences. The State board should lead the systemwide effort to instill in teachers a greater appreciation of minority student con- cerns. The State board should actively support a comprehensive training program on the State policy, the State Anti-Hzirassment in Education law, and proper disciplinary options that could stop racial harassment firom occurring. The State board should ensure that this training program has taken place and report annually to the Gov- ernor and legislature on training programs im- plemented in State schools. Recommendation 4.3 Schools should report their compliance with the Anti-Harassment in Education law in their an- nual school report submitted to the Vermont De- partment of Education. The commissioner should require all school boards to compile and report the number of minority students, the 66 number of racial harassment incidents in each scnool the type of disciphnarv- actions imposed upon the perpetrators and the \ictim s satisfac- tion with the resolution process. This informa- tion will enable department staff to assess prog- ress by keeping a record of; 1. The total number of complaints registered with schools, school boards, supervisory un- ions andyor the Human Rights Commission. 2 Whether perpetrators receive appropriate disciplinar>' action for acts of harassment. 3. VMiether superv^sor3• unions, school boards, school districts, and individual schools em- ploy effecuve measures to prevent racial har- assment incidents. 4. Whether schools experiencing a high number of madents have endeavored to improve the overall school climate. 5. Individual outcomes of cases. Every effort should be made to ensure that information collected will remain confidential. Recommendation 4.4 The Vermont Department of Education should consider developing an incident report form for distribution and use in schools. This form will aUow parents and victims to communicate for- mally instances of raaal harassment to school personnel, record their understanding of the in- cident (including responses by school staff), and suggest ways to amehorate the situation. Once completed by the parent, the form can be used by administrators andyor Vermont State en- forcement agencies to resolve the case. Recommendation 4.5 The Vermont Commissioner of Education should report annually to the Governor and legislature on systemwide compliance with the Anti- Harassment in Education law and make the re- sults of this report available to the public. Conclusion 5 Inadequate Staffing at the Vermont Department of Education The Vermont Department of Education brought to the Committee s attention serious staff short- ages and limited resources aveiilable to the de- partment to combat the problem of raaal har- assment. Because of this staff shortage, it is dif- ficult for the department to set the elimination of racial harassment as a statewide priority and conduct statewide assessments of the effective- ness of local efforts to promote bias-free school environments. It also becomes difficult for the department to help districts implement profes- sional development programs around this issue and serve as a source for local schools for techiu- cfil expertise (chapter 3, pp. 55-57). Recommendation 5.1 The Commissioner of the Vermont Department of Education should create at least one full-time staff position within the department solely to address racial harassment and promote racial and ethnic tolerance. This staff person would assess the overall success or failure of a school's attempts to promote a bias-firee environment and assist school districts. The Advisory Committee recommends that the commissioner request ad- ditional funds fi*om the legislature to support this initiative. We also recommend that the leg- islature approve this request for increased funds. Recommendation 5.2 The Commissioner of the Vermont Department of Education should mandate that schools de- velop and provide each parent with information on ways to register their complaints with either the Vermont Department of Education, the Hu- man Rights Commission, or the U.S. Depart- ment of Education's Of&ce for Civil Rights. The information should describe what steps each educational entity and State enforcement agency must take when complaints are received and the level of monitoring and followup that will occur. 67 Conclusion 6 Use of Racially Biased Curriculum Material and Lesson Plans Serious cumculum issues exist in the States public schools. In some instances, teachers em- ploy curriculum materials and lesson plans that promote racial stereotypes. There appears to be no statewide effort to ensure that the Vermont school curriculum is free of raaal bias (chapter 2. pp. 10-14. lS-20. 31-34. 43-44. app. 7). Recommendation 6.1 The Vermont Department of Education should take a leadership role in developing and dis- seminating to all school districts comprehensive, age-appropnate curricula that celebrate diver- sit>-. teach respectful behavior to all people, and develop skills to handle conflict. Recommendation 6.2 Vermont schools should incorporate multicul- tural learning materials m individual schools that reflect the diversity of the State population and not simply the diversity present in the indi- vidual classroom in any given school year. Schools should endeavor to promote better toler- ance among students by incorporating into les- son plans anti-bias curricula and information regarding diversity issues. Recommendation 6.3 The Commissioner of the Vermont Department of Education and local school boards should de- velop a joint task force to assist school reviews of cumculum materials. The commissioner and school boards should notif>' schools when they are found to be using a curriculum that pro- motes racial stereot}T)es. Recommendation 6.4 The Advisory Committee encourages schools to conduct mandatory teacher and staff training on the issues of racial harassment and proper cur- riculum selection and development. Conclusion 7 Revievyrs and Assessments Pursuant to the Equal Educational Opportunity Act The 1997 Equal Educational Opportunin Act (Act 60) IS an effort by State lepslator? to equalize school funding across school distnc: lines and to promote overall school quahty The act mandates the Commissioner of the Vermont Department of Education to conduct assess- ments of each school to determine if educational opportunities are substantially equal to those provided in other schools. However, the act is silent on the issue of raaal harassment of mi- nority students and the reporting by each school of its efforts to prevent racial harassment and foster safe and harassment-free environments (chapter 3, pp. 54-55). Recommendation 7.1 The Advisory Committee urges the Commis- sioner of the Vermont Department of Education to include in his school quality determination an assessment of the existence of bias-free learning environments in each school. Conclusion 8 Difficulties in Processing Complaints by the Vermont Human Rights Commission The Vermont Human Rights Commission, the only State agency specifically empowered to in- vestigate racial harassment incidents, does not have suffiaent resources to address effectively incidents in the schools once they are reported. When complaints are made to the agency, par- ents of minority students experience long delays between the time a complaint is filed and a "reasonable grounds" determination is made. This is due in part to the small number of staff and the infrequency in which commissioners meet to discuss cases. Even when the commis- sion issues a "reasonable grounds" finding, addi- tional delays may occur while an appropriate remedy is fashioned by the agency, victim, and school district. For this reason, minorities are reluctant to come forward with their concerns and feel that assistance from State agencies will not be forthcoming. The experience of persons dealing with the Human Rights Commission is that they are not informed of the status of their complaints. This has resulted in firustration by 68 parents In addition complaint processing delays often have serious implications for students who must confront harassment on a daily basis. In some instances, a parent who fUes a complsunt at the beginning of a school year may not receive nouce from the Human Rights Commission that i: has found reasonable grounds supporting a charge of discrimination until a substantial por- tion of the school year is over. It is also likely that some charges may not be investigated and completed before a student graduates from ele- mentan.- to middle, or middle to high school. As- suming the perpetrator is approximately the same age as the vactim, the student(s) perpe- trating the harassment may end up m the same school (or classroom) as the victim. Parents re- ported that having to "start over" with adminis- trators m the new school is problematic, given the fact that they are not aware of the seventy of the perpetrator's previous offenses or their effect upon the victim. Parents at the forum under- scored that It is at this time when their children are most vulnerable for repeat instances of racial harassment (chapter 2, pp. 11-13, 22-27, chap- ter 3, pp. 57-61). Recommendation 8.1 The Vermont Human Rights Commission should request (and the legislature provide) increased funding so that it can commit sufficient re- sources to the timely resolution of racial har- assment complaints in public schools. Given the damaging effects upon children and the commu- mty at large, racial harassment complaints should be given high priority. When incidents of harassment are reported and "accepted" by the commission, staff should immediately communi- cate with the victims peirents in writinp to in- form them of antiapated processing time and steps that will be taken on their behalf. Commis- sion staff should make ever>- effort to process complaints in a timely manner and seek to expe- dite resolution of the charge. Commission staff should promptly convene a meeting with the vic- tim, the perpetrator, and his or her parents to gather information and remedy the problem. In the event both the perpetrator and victim have matriculated into the same school, the commission should ensure that administrators are informed of the perpetrator's prior conduct. Throughout the commission's investigation, staff should contact parents monthly to inform them of the ongoing status of their complaint. Recommendation 8.2 The Vermont Department of Education should develop a coordinated system to process racial harassment complaints in public schools. The department should work with the Hviman Rights Commission and the U.S. Department of Educa- tion's Office for Civil Rights to accomplish this objective. This information sharing system should include the periodic reporting by agencies of their intake and disposition of racial harass- ment cases. The agencies should develop a com- prehensive brochure describing the roles and responsibihties of each agency and the complaint resolution process that can be distributed to par- ents, teachers, and students. These efforts will assist in eliminating confusion experienced by parents who initiate a complaint to pubhc agen- 69 Appendix 1 Vermont Law - 16 Vermont Statutes Annotated 565: Anti-Harassment in Education Act (Adoption of Policy Prohibiting Unlawful Harassment of Students) (a) Each school board shall develop, adopt and make available In the manner described unaer subdivision 563(1) of this title o harassment policy v^hich includes: ( 1 ) A sTaiement prohibiting unlov/f ul harassment of a student. (2) Tne definition of harassment pursuant to subdivision 1 1 (a) (26) of this title. (3) Consequences and appropriate remedial action for staff or students who commit harassment. (b) Each school district shall establish rules setting forth procedures for dealing with harassment of students. The rules shall include: ( 1 ) Procedures for reporting harassment of students, including annual designation of two or more people within the institution to receive complaints and a procedure for publicizing those people's availability. (2) A procedure for publicizing the availability of the Vermont human rights commission and the federal Department of Education's Office of Civil Rights and other appropriate state and federal agencies to receive complaints of harassment. (3) A statement that acts of retaliation for reporting of harassment or for cooperating in an investigation of harassment is unlawful pursuant to subdivision 4503(a)(5) of Title 9. (c) The school board shall provide notice of the policy and procedures developed under this section to students, custodial parents or guardians of students, and staff members. Notice to students shall be in age-appropriate language and should include examples of harassment. At a minimum, this notice shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for the school. The board shall use its discretion in developing and initiating age-appropriate programs to effectively inform students and staff about the substance of the policy and procedures in order to help prevent harassment. The harassment policies and procedures shall be implemented by August 1, 1995. (d) For purposes of this section, staff means teachers, support staff, administrators, agents of the school, board members and unpaid volunteers. HISTORY: Added 1993, No. 162 (Adj. Sess.j, @ 4. NOTES: CROSS REFERENCES: Harassment policies for independent schools, see @ 166 of this title. Harassment policy for state colleges, see @ 2182 of this title. Harassment policy for University of Vermont, see ® 2284 of this title. 71 Appendix 2 Vermont Department of Education Model Harassment Policy UNLAWFUL HARASSMENT A. STATEMENT OF POLICY This policy is intended to comply with the requirements of 16 V^.A. §565 regarding the prohibidon by school boards of unlawful harassment. It IS the policy of [the "School Distna'T to maintain a icaming and woridng environment that is free from unlawful harassment. The School District prohibits any form of unlawful harassment on the basis of disability, mantal status, naDonal origin, race, religioo, sex, or sexual oiientanon. B. GENERAL PROVISIONS 1. Vinlarinn It is a violanon of this policy for any student, teacher, administrator. or other school personnel unlawfully to harass a student, teacher, administrator, or other school personnel through conduct or communicadon on the basis of disability, marital sorus. nadonal origin. lace, religion, sex, or sexual ohentadon. 2. rnmplaint. Any student, teacher, administrator, or other school personnel who believes he or she has been subjected to unlawful harassment may make an internal complainr as desgribed below and/or pursue other remedies provided by federal and state law. C. DEFINITIONS AND EXAMPLES 1. Definirions. a. "Unlawful harassmeru" means verbal or physical conduct based on a person's disability, marital status, nadonal origin, race, religion, sex. or sexual OTiencadon which has the purpose or effect of substandally interfering with a person's performance or creating an intimidaiing, hostile or offensive cnvironmenL b. "Sexual harassmem" is a form of unlawful harassment which means unwelcDise sexual advances, requests for sexual favors, and other verbal or physical condua of a sexual nature when: (D Submission to thai coixiua is made either explicidy or implicidy a term or condidon of that p>erson's posioon; (ii) Submission co or rejecnon of such condua by a person is used as a component of the basis for decisions affecting that person; or (iii) The condua has the purpose or effect of substandally interfering with a penon's performance or creating an intimidating, hostile or offensive environmenc c. "School personner means school board members, school district employees, agents of the school district, unpaid volunteers, contractors and persons, other than students, who are subject to the supervision and control of the School District. 72 \'e.rmont Model Policy Manual 2 Cy3,T,pi»<; Examples of behaviors which, if suffidcndy severe, pervasive or pcrsisicnc to interfere with a person's ability to participate in or benefit from school programs, would be unlawful haiussment include but are not limited to physical aggression or force, the threat of physical aggression or force, demeaning comments or behavior, slurs, mimicking, jokes, gestures, name-calling, graffiti, stalking, sexual advances, use of nicknames emphasizing stereotypes, comments on manner of speaking, negative references to customs, and derogatory comments regarding surnames. D. REPORTING 1. VnltinraTv repnn a. Saxdems. A student may repon an allegadon of unlawful harassment he or she has experienced or wimesses at school or during school sponsored activines to any adult school personnel designated, in accordance with procedures developed under this policy, to receive coniplainis of unlawful harassment. b. Adult school personnel. Any adult school personnel inay repon an allegation of unlawfiil harassment be or she has experienced at school or during school sponsored activities xo a person designated, in accordance with procedures developed under this policy, to receive complaints of unlawful harassmenL 2. Mandatory repon. Any adult school personnel who wimesses or receives a repoiv-fonnal or informal, written or oral, of unlawful harassment at school or during school spotisored activides shall repon it in accordance with pnxredures developed under this policy. 3. Privacy The School District shall respect the privacy of the complainant, the individual(s) against whom the repon is directed, and the wimesses to the extent consisient with the School District's obligadons to investigate, take appropriate action, and conform with any discovery or disclosure obligadons. E. INVESTIGATION The School Distna shall conduct an investigadon, in accordance with procedures adopted under this policy, as soon as practicable but not later than days following receipt of a repon or complaint, formal or informal, written or oral, alleging unlawful harassment F. ACTION 1. Dury iPacL The School Distria shall take appropriate acdon in all cases where this policy has been violated. Any person found to have violated this policy may be subject to appropriate consequences and/or remedial acdon including, but not limned to, waming, exclusion, suspension, expulsion, transfer, dismissal, or remedial action such as training, educadon, or counseling. The School District shall not take any acnon which is inconsistent with applicable collecrive bargaining agreements, stare and federal laws, and other School District policies. 73 Vermont Model Policy Manual RETALIATION Reialianon for reporting harassmcni or cooperanng in an invesnganon of harassment is unlawful under 9 V.S-A. §4502 (a) (5). RECORD KEEPING AND NOTIHCATION 1. Record kegping The Superintendent shall assure that a record of any complaint and investigation of unlawful harassment is maintained by the School District in a confidendal file. 2. Nnrificarinn. The Superintendent shall assure that the complainant is notified whether allegadoos of unlawful harassment were found to be correct, whether a violation of the policy was found, and whether action was taken as a result. NOTICE The Superintendent shall provide nonce of the policy on unlawful harassment and these procedures to all school personnel and to custodial parents or guardians of students. The nonce shall: 1. Be in age-appropiiaie language; 2. Include examples of behaviors which, if sufficiently severe, pervasive or persistent to interfere with a person 's ability to paincipaie in or benefit from school programs, would be unlawful harassmenq and 3. Provide the following information about addidonal methods of pursuing claims of unlawfiil harassment: A person may make a complaint of harassment to the Vermont Human Rights Commission or the federal Office of Qvil Rights at the following places: Vermont Human Rights Cotnmission 133 State Street ■Montpeiier VT 05633-000 1 (802)828-2480 Direaor, Compliance Division Area 11 Office for QvH Rights U.S. Department of Educadon, Region 1 John W. McCormack Post Office and Courthouse, Room 222 Post Office Square Boston, iVIA 02109 (617)223-9667 In addidon, an individual may seek other remedies through private legal action and, m some circumstances, through criminal prosecudon. 74 Vermont Model Policy Manual F23 MODEL PROCEDURES: UNLAWFUL HARASSMENT The School Board hereby adopts the following procedures to implement the School Distnct's policy with respea to unlawful harassmenL A. MANDATORY REPORTING 1 . Tn principal. Any adult school personnel who witnesses or receives a report, formal or informal, wriaen or oral, of unlawful harassment at school or during school sponscHcd aajvines shall report it to the principal. If the repon involves the school principal, the reponer shall make the repon direcUy to the School Distha Equity Coordinator or Superintendent. 2. Principal''; riurv. Upon receipt of a repon of unlawful harassment, the principal shall decide whether to retain and aa upon it at the school site or to forward it directly to the School District Equity Coordinator. a. Retained by principal. If the principal acts upon the repon at the school site and if the maner is not resolved informally, in accordance with Secnon B, he or she shall forward to the School District Equity Coordinator, within 5 days, a repon of any action taken. b. Forwarrieri m Rchnnl DiCTrict Eqiritv rnnnriinamr If the principal decides to forward the repon directly to die School District Equity Coordinator, he or she shall do so immediately, without screening or investigating the report. The principal may request, but not insist upon, a wntten complainL The principal shall forward to the School Distria Equity Coordinaion (i) a wntten statement of the complaint within 24 hours; and (ii) any available supporting doamientadon as soon as piacncable. 3. EquJTv Coorriinarnr. The Superintendent shall designate one individual within, the School Disuict/Supcrvisory Uiuon as the School District Equity Coordinator to receive lepons of unlawful harassment. If the repon involves the School Distria Equity Coordinator, the reponer shall make it directly to the SupcrintendenL The School Distria shall post the name, mailing address, and telephone number of its Equity Coordinator conspicuously. For the 19 - school year, the Distria Equity Coordinator is: [Name] [Mailing address] [Telephone Number] B. INFORMAL RESOLUTION 1. Smdmp; If the complainant and respondent(s) are smdents, they may agree to a meeting facilitated by a school employee. If each student involved agrees ±c atuanon has been resolved by such a meedng, the school employee shall repon to the principal only that the maner has been resolved informally. If 75 Vermon: Model Policy Manual any sruaent involved docs not agree that the situation has been resolved, he or she may prtxrecd to a formal invesnganon. 2. ^rjiilr <;chr>ol prrsnnnel. If the complainant and respondcnt(s) are adult school personnel, they may agree to a meedng facilitated by a school employee. If each school personnel involved agrees the situation has been resolved by such a meeting, the school employee shall repon to the prmapal only that the matter has been resolved informally. If any school p>ersonnel involved does not agree that the situanon has been resolved, he or she may proceed to a formal investiganon. C. INVESTIGATION 1 . Who. Unless the mamT is resolved in aaaa dance with Section B, the School Distria Equity Coordinator or designee shall condua an investigation upon receipt of a repon or complaint alleging unlawful harassmenL 2. How. The investigator may interview individuals involved and any other persons who may have Imowiedge of the dmnnsrances giving lise to the complaint and toay use other methods and documencadon. 3. When. The investigator shall complete the investigation as soon as practicable, but in no event later than fourteen (14) days following receipt of the complainL 4. Remit. Upon completion of the investigahon, the investigator shall decide if a violation of this policy has occuned and repon that decision, along with the evidence suppordng it, to the Superintendent or, if the complaint involves the Superintendent, directly to the School Board, for appropriate acdon in accordance with School Distria disciplinary policy. D. APPEAL A person determined to have violated the policy on unlawful harassment and subjected to acnon under it may appeal the determinanon and/or the acdon taken as follows: 1. StudenL If the pa son filing the appeal is a student, the appeal shall pnxreed in accordance with school distria policy governing discipline of smdents and- with law. 2. .StafT. a. Applicable coUecnve bargaining agreement. If the person filing the appeal is an adult school personnel who has applicable appeal rights under the grievance procedure in a collective bargaining agreement, the appeal shall piixeed in accordance with the person's rights in that agreemenL b. Other. If the person filing the appeal is an adult school persoimei who does not have applicable appeal rights under the grievance procedure in a collective bargaining agreement, the appeal shall proceed in accordance with school distria policy governing personnel discipline and with law. 76 Vermont Model Policy Manual 2. Faicr rgpor. The Schcx)l Disrria shall lake appropriate action againsi any student, teacher, administrator or other school personnel who makes a false repon of unlawful harassment knowing, it jo be fa.Ke._ 3. Rrraliarinn. The School Distria snau taice appropriate action against any student, teacher, administrator, or other school personnel who retaliates against any person for making a good faith repon of unlawful harassment or for participating in an investigadon or other pan of the process established by this policy. Retaliation includes, but is not limited to. any form of intimidation, reprisal, or harassmenL The procedures established to implement this policy shall include a statement that retaliadon for reporting harassment or cooperating in an investigadon of harassment is unlawful under 9 V,S-A. §4502 (a) (5). G. APPEAL A person determined to have violated this policy and subjected to action under it may appeal the detenninanon and/OT the acnon taken in accordance with procedures adopted under this policy, which shall be consistent with the provisions of any applicable collective bargaining agreement H. MANDATORY REPORTING OF ABUSE Under certain circumstances, alleged harassment may also be possible abuse under Vermont law. The statutory obligation to repon suspeCTed abuse, therefore, may be applicable. L DISSEMINATION AND TRAINING 1. Di<;';emiTiarir)n. This policy shall be: a. Posted conspicuously throughout each school building in areas accessible to all persoiw; b. Printed in any school distria publication that sets forth the comprehensive rules, procedures, and standards of conduct for students; and c. Printed in any school distria publication that sets forth the comprehensive rules, procedures, and standards of condua for school distria employees. 2. Training The Superintendent shall develop a method of discussing this policy with students and employees. 3. Review. The School Boanl shall review this policy periodically for compliance with state and federal law. Date Warned: Date Adopied: LegaJ RefeiCTce(j): OoM RcfKence: 16 vsj^ias l6V3Jk.iII(«)a6) 9 v.SJ^ Cb^iicr 139 77 Appendix 3 U.S. Department of Education: Profile, Assessment, and Resolution Agreement f°fi L NITtU STATES UEfARTMCST OF FDL CATUlv ntricr mn civil KUiHrs KECins : »OHV U M.t URKWl K rtlVT UhKICt 4NOt fll RTMOl Sk ■•'XIM Bosru^ MASS »rHi SETTS u:!"" June 27. 1997 oFt-rci ni rill RECio''*'- oimcToe Dr. Doniu K Jemilo Supemuendcnt of Schools BurltngtoD Public Schools 150 Colchesier Avenue Burlmgtoo Vermont 05401 Dear Supcnntendenc Jemilo; Re: Review No. 01-97.5011 The Office for Civil Rights (OCR). V.S Depanmeni of Educirion. tus resolved the Profile. Assessmeni. and Resolution (PAR) review which the Burlington Public Schools (Dutrict) and OCR conducted m partnership m May 1 997 This review was conducted under the lucbority of Title VI of the Civil Rights Act of 1964 and focused on the issues of disciplioB, ncial banssmeat and hostile environment. Convnuruty and school-based focus groups were a sigruficant part of Ibis review. OCR faciliuted a number of focus groups during the week of May 12 with ixiembers of the Burlington Public Schools and the Burlington conunuruiy The purpose of these focus groups was id provide the opponuiuty for any convnuniiy or school member to attend and participate by sharing their views on these issues and to generate ideas for future activities Addiiionally. OCR reviewed information provided by the DistTKi and others relative to these issues The information from these various sources was used to develop the agreement which was signed by the District on June 27. 1997. No discipline-related issues were identified which require furure action on the pan of the District When fully implemented, this Agreemeni will resolve the issues of this review. Continued compliance is contingent upon the District's implenoeniaiion of this Agreetneiu (copy enclosed). We recognize the steps the District has already taken to address these issues and diereby enhance educabonal services to students. We conunend the District for working to continue to improve the services it provides students. We understand that the District will work to implement this AgTceiDent over the iKXt several years in accordance with the agreed-upon ttrget dates. Based on this Agreement, as of the date of this letter. OCR considers this phase of the review curapleied. OCR will work with the Distiici and will monitor the Disvict's unplemenution of the Agreement until it is fully implemented, at which time OCR will close this review. 78 Page 2 - Dr Donna K. Jecnilo Thank you for your cooperanon and that of your suff during this review. Should you have any quesuons. you may contact Frederick Dow. Equal Opportunity Specialist, at (617) 223-9663 or me at (6 J 7) 223-9667 Thomas J ■ Hibino Regional Director Enclosure cc Honorable Marc Hull Commissioner of Education 79 Juh27 5 2:fii'97 RESOLUTION AGSEXMENT ntOFZLE, ASSESSMENT. AND RESOLUTION REVIEW Burtiaetan School Dialiict. BoriiactBO. VarmoBt No. 01-97.5011 The Buriinffton Scbool Disriet (Dineia). BuriinCtaa, Vanuoi. tofaeiitt the fiaUowiqf resohxDon igTccmeoi for pirvouizig lad remetfyiag racial hsaaBMOt to ifac OSk far Civil Risho (OCR}. U.S. DepKTmcot ofEdiM«naa. Tliia ■jreenjoii iwalu faan t Piofik, A«»bwb»««. "nd RcjolUBoo (PAR) review, vrtieb OCR conducted in fraicuUip wiA Ibe DiiBiet in May 1997. UCR acicnowledges the steps the District has thc^ taken to nhmee ediWTiniwl aanrices fcr all stxidcats, oad conunenfis Dismcr ofiiciaU fior wofiuf to oaooinie to iiiipiuwi. these KTvioes. Based on the joinl asaessmcot and the raccmaiendatioas prnvidad dunag tills irview, the Outnct agrees as foUowi. 1. By November 1, 1997, the Disaict will review oihiraaBBail policy MidptDoediae, and trvise as an nimy, to cdsujc that the following uuuuuui sc addnaad: there ore titse frames for the majur ftoges of the pncctt; the piocedtiTC is yniaai in language that is easaijr tndemood by ■*•"*—*» and their parents; It IS clear that the complainant has the option of. bur is not fcquisvd to, eoDfinnt the accused faanaser, a clear explanation of what %tfill happen at tbe infonsal level is inchided; It IS clear that the complaiaani can report the complaint tn any staff* pcnoo. not just the pnnapul; these u the ability to have eomplatnts wfaieh ne mora tihaa 30 days old addrasaad; harassment on the complainant and others; aixl includes examples of appnTpnatc disciplinary SKKtioas with a laoge of eoBseq\jaicc8 that are designed to aETVcas adeieman. 2 By May 1.199t, the Duoiet will review, the manna- IB which aeboal building of&eialsai* implemroaag its hanaaaient pobcy and piuuadiac . This leviow will p^h*^ the urvolvemeDt of patents and. wbcn appropriate, ■ii OCR a descr^on of tbe process developed in accortiaace with item S of the AgreemenL [82] 6 By December 30, 1997, the District will submit to OCRs capy of its plan ibr improving commimicaticMi with ^milies who uz limited English proficiml. ic accordmce with item 6 of the A^Tremem. The Dinhct uztderstaods that OCR wiJ] conduct addilicmal ibliowup focus group discuxsions mod visits u p«rt of IB momtorinf and evihotiaiL Tbeae aedvitia may be coaduetBd befiaie or subsequait to the District's tepom and evahMDooa. Oatoa aad tiniB ««ill he catihlishad that air muniaiiy cuuveuiart and acceptable to OCR and the Disttict. asd well cnongfa JB advance to aJicrw for timely picpantioo for tfasae visits. Doona IC JeaM, Supenuleodent // Dn [83] hAay 16, ]9'3^ DRAFT RECOMIVIE^a)ATIONS TO BURLINGTON SCHOOL DISTRICT RELATED TO DISCIPLINE AND RACIAL HARASSMENT Below are drafi recommendations prepared by the Ofiice for Civfl Rights (OCR) siaff who conducted a Profile, Assessment, and Resolution (PAR) review of the Burlington School Disinci fDistnct) during the week of May 12 - 16. 1997. The focus of the PAR review was on whether the District ensures that students are not treated difiEerently on the basis of race, color, or national ongin in the adnuiustraiion of discipiizie, and whether the disinct ensures an educationaJ environmeni free from racial harassment. These issues fall within OCR's jurisdiction under Title VI of the Civil Rights Act of 1964. The draft recorTunendations below were discussed with Superintendent Domia K. Jemilo, the Chair of the school board, central administration and building principals. Tliese draft recoiiunendations were presented ai the team's exit conference on May 16, 1997. One feature of the PAR review is to provide school ofHcials with immediate feedback on any issues examined during the review to facilitate quick resolution of matters related to compliance with civil rights statutes enforced by OCR. After fiill discussion of the recommcndaiions and related informauon, OCR and Burlington School District will enter into a resolution agreement OCR R£C(JMM£NDS THAT THE DISTRJCT SHOULD RACIAL HARASSMENT POLICY/GRJEVANCE PROCEDURE 1 Rcvicv*. lis harassmeni policv and procedure to ensure that the following concerns arc addressed there arc timeframes for the major stages of the process: the procedure is wnttcn in language that is easily understood by students and their parcnu. II IS clear that the complainant has the option of, but is not required to, confront the accused harasscr. a clear explaiiauon of whai will happen at the infonnal level is mcluded. It IS clear that the complaiiiani can report the complaint to any staff person, not just the principal, there is the ahililty to have complaints vrhich are more than 30 days old 84 Pag= 2 - Draft Recommendations to Burlmf ton School Dismct addressed, includes an assuraoce that the school will take steps to correct any advene effects of the banssment on the complainant and othen; and includes appropnate disciplinary sanctions that aze sufficiently severe to have a deterrent efifea. 2 Review the implementation of its harassment policy and procedure to ensure that: actions taken to remedy a complaint do not negatively impact the complainant; clear, consistent and accurate documentation is kept concerning the processmg and outcome of complaints; complainants are never required to confront the arruscd harasscr. and confrontation is not considered to be an option in cases when it is not appropriate; appropriate, significant and consistent consequences are administered for violations of the harassment policy; and cumplainanis and their parents arc provided with all legally relcasablc information conccmmg the outcome of investigations, including the consequences to the accused harasser. COMMUNICATION" 1. Include parents, students and commujuiy members m any revision or development of harassmeni and diversity policies ^nd procedures 2. Organize communication forums bciwcen students and District staff, and between Distiici siail. parents and other comjnutiit) members, to promote on-going dialogue regaidmg race issues J Consider how central admimstraiion can betier communicate its vision and strategic plan for addressing issues conccniiiif diversity and race relations. < Consider ways to improve communicaiion between the District and the community as 10 actions taken to address issues concerning diversity and race relations. 85 Page 3 - Draft Recommendauons lo Burlington School District TRAINING 1 Initiate an assessment of each school building's tnining needs with respect to diversity and race relations 2 Explore ways of iraplemenang a more inclusive, multicultuni curriculum, mduding the shanng among staff of effective models and mamuls. LANGUAGE 1 Develop policies and practices for provision of critical school infonnauoo and materials in students' primary home languages. 2 Develop policies and practices for provision of trained translators to facilitate communication between the District and parents whose ptimaiy language is not English. 3 Consider the need for and provide signs in the school buildings in languages other than English GENERAL ISSUES I Consider whether the curreni strategic plan adequately and effectively addresses issurs of diversity and race relations, and whether these issues should be made a clearer prioniy for the District 2 Target faculi> itnd staff recruitmeni efforts at candidates who meet the needs of niiii()rii> students, including students whose primar>' home language is not English. 3 The primar> role of the nev. Diversiiv Coordinator should be to ensure ongoing consistenc) and continuity in the District s efforts to address issues of diversity and race relations 86 Appendix FOCUS GROUPS SUMMARIES ISSUES, PERCEPTIONS AND CONCERNS Communicarion - Lack of trust between school and comniuiuty - Perception that there is never any follow through or consequence when harassment is aJleged - Failure of Dismci to comniutucate aiiy efforts that have been implemcoted to address issues of diversity and racial harassment, especially with respect to the Strategic Plan - Lack of integration of school with community - Lack of ability for staff to call each other on failure to recognizE racial harassment and racism - Failure to communicate that addressing nice relations is a Distiict priority. - Failure to involve students, parents and community members in the process of developing policies and procedures. - Lack ol communication with and respect for the experiences of community members. - Lack of communication to parents as to what programs, services and resources are available Tramint! - Ineffective sporadic and superficial iraintnc on diversity issues that doesn't address needs nf individual buildinf sites Siudcnis aon I have an understandmp or the same understanding as faculty of definition of racism Language - InadequaiL translation of notices (field trip*, etc) - Difficulrj- in obtaining interpreters, no system for requesting and obtaining interpreters. 1 187] - Lack of abiliry to communicate with LEP parents resulting in delays in relaying key mfonnauon "aboui child's school experience. - Hard to j-'ct to know or bcfnend students who don't speak English Attitudes - Perception that siudenis speaking in a foreign language are being exclusive. Failure to value and lack of respect for individual differences and diversity. - Students lack of tolerance ior those who don't speak English well. - Siereofypmg - Not 2 welcoming environment - Failure to understand that race issues are everyone's problem, not just people of color. - Lack ol respect o> faculty for students. - Assumptiiin that all studenu are the same and have the same needs. - Assumption that all students of color are 'at risk." - Students general lack of civility towards each other Curricmani - Lack of ii-iiegraiion of materials concerning people of color - Lack ol worki b\ people of color - Misiniomiation concerning people of coloi - Tokcnis. approacli ("Easier eggs'"^ - Lack ol tc:iources to address issues and suppnn students of color. - School buildings don'i reflect mulucultural communiiy. and are not welcoming - Lack ol understanding of US history and ilie immigration experience. [88] Starring - Homogeneity of staff, lack of diversity in staff - Lack of accountabilty as to how staff perfonn vis a vis these issues Policv Igiplementation - Tolerance for racial harassment - Failure to impiemcni policy - No consequences for harassment - Students don't feel that there is a safe way to repon harassment, and victim ends up being rc-victunizcd by process - Incidents which occur dunng participation in sports programs aren't addressed Leadership - Lack of knowledge about issues and leadership on issue. - No plan, vision or goal for achieving improved race relations - No systemic actions to address issue - piecemeal approach only - Failure oi administration and school board to acknowledge that there is a problem - Program:) are isolated and not coordinaied with each other - Issue IS not a priorit> STEPS/ACrrviTlES Communicjtion - Build conimuniiy-school links and partnership - More lorum^ and tocus groups for students, parents, faculty and community members - Facilitate participation of parents m focus groups by ensuring thai meetings are held in a variety of places accessible to aJI. at various limes, and with child care provided. [89] - Continuous media presence to publicize efforts and increase conimiiniTy involvemenT - Working with siafl" to develop a process for fostering cannections between students of different backgrounds. - Involve students and parents ic developing and evaluating policies and teachers - Public service announcements on TV to promote involvement of community - Provide regular progress reports on their children to parents - Parent liaison to help teachers vwth issues of race and diversity. - View parents as pan of the team Training - Systematic, comprehensive, ongoing, building-based training for all staff. Should be integrated into daily life of school. - Dedicating sigiiificant suff development time and resources to issues of diversity and race - Makiny school environment more welcoming to new students. LanHuayg - PlaciiiL' viilue and piiblically recognizing ability to speak more than one language - Encours'.'f LEP students to get involved in arts and sports prognms - Translaif signs iin buildings into other languages • Effective system for provision ol timely interpreter and translations services. - Regular translation of all wnnen materials into the home languages of the students and their parents Annude^ - Student empowerment, helping students feel responsible and able to rectify situation. - Develop sensitivity to seriousness of harassment, lis not just "kids will be kids." - Making sure that people accept personal responsibility for eradicating racism [90] - Offer courses to parents and other community members through adult educauon classes - Rc-examme neigliborhood school concept and consider whether elementary schools should be mort proportionaiely representational of the distnct-wide population. Cumcuium Suppon groups and support center for siudeots and parents of color - Have advocate or team of advocates (racially diverse) for students of color - Library ol resources on multicult\iral educauon. including a resource coordinator - Multiculrural cenicr in schools or community - Incorporaung issues of diversity and anti-racism into the curriculum in a comprehensive fashion - Have conflict resolution tratmng for all students - Sharing model materials that teachers have developed and teamed abotn in trainings - Increase understanding of immigration experience and v/hai it means to be an American. - Create a muhicullura! an project to decorate the school - Train teachers in diftereni methods of pedagogy-, e.g cooperative learning and modelling. - Bring in more of Student's culture, including celebrations. - Add more diverse publications lo the library (magazines, books, etc.) - Offer more small group extracumcula: activities and encourage students of color to panicipaie StafTing - More stafj of color - More involvement of community in hiriiic and in commitment to diversifymg staff - Make staff accountable for ensurmg no tolerance for racial harrasment. - Make suff accountable for implementing what they Icam in training [91] - Use people in the communjty as role models or mcnrors Policy Implementation - Someone identified as complaint ombudsman in each school - Consistent follow-up with all students and paicnis after complaint is mvesngated - Ensure that students understands their nghts, and the anti-harassment policies and procedures - Suppon crnier for students and parents of coloi - SignificaiiT consequences and no blame for victim when racial harassment complaint is filed - Enforce zero tolerance policy Leadershiu - Several people should be responsible for coordinating the District's efforts in the areas of diversity and race relations. - Top dowii comprehensive, coordinated systematic ongoing approach to '<'^1'"e with iTfr; of race and diversity [92] Appendix 4 History of Racial Harassment Law in Vermont: Submission by Speaker Michael Obuchowski, Vermont House of Representatives STATE OF VERMOhrr MICHAEL J. OBUCHOWSKI HOUSE OF REPRESeNTATIVES E-MAIL AOOnESS SPt^KEn«LEa STATE. VT.US MEMORANDUM TO: Kimbedy B. Cheney, Cbur Vennont Advisory Committee U.S. Commission on Civil Rigbts FROM: Barbara F. Agnew ^pj\-» Assistant to the Speaker DATE: 31 October 1997 RE: Forum, November 4 & S. Burlington, VT Speaker Michael J. Obuchowski has asked me to provide you wi^ the eadosed history of Vermont racial harassment law for the information of the Cntximinr-e during the Forum next week As we have discussed with Marc Pcntino of die Washington, DC office, neither LL Governor Douglas Racine nor Speaker Obuchowski is able to attend the Forxmi in person. However, the Speaker wishes the Committee to Imow that if recommendations for legislation regarding the civil rights of Veimonters should result from the work of the Forum, he will make every eSbrtto advance such legisIatioiL We hope this information is helpfiil to you. cc: Marc Pcntino via Facsimile: 202-/376-754S Lt Governor Douglas A. Racine 93 Vermont LeOBi-tivB council ^T^fS^I^!:™ 11 5 Stats Street - Drawer 33 P«= 802-«2«424 Montpaher, Vermont 05633 Memorandum To: Speaker MichBcl Obuchowsld From Michael Jay Chemick, Research Counsel Date; October 30, 1997 Subject: Racial Harassment Sutute You have requested a ttatutory history of racial harassment law in Vexmont A number of statutes, both civQ and criminal, prohibit discrimination that ia racially motivaled. TUi report enumoates the substantive legislative enactments that either proMbit radalty motivated disciinunatory conduct, revised the d«£uittion of such conduct or increased the penalty for etigaging in such conduct. A review of the Vennont Statutes Annotated would show additional legislative citations or historical notes following the codified statutoiy sections. These represent the addition of other protected classes of individuals, the renaming of departments or agencies or the statutory revision of an existing codified section. None of the omitted citations substantively afiFected the prohibition on engaging in the racially disoiminstoiy conduct, the penal^ or the bgal remedy that the victim is zuthorizad to seek. The first contemporary antidiscrimination provision in Vermont law was caarttid m 1957, and prohibited the denial of public accommodations due to a person's *'nce, creed, color or oatiorul origin'', and included a maximum fine of SSOO.OO. or a prison term of not more than 30 days or both.' It was codified as 13 V.S.A., Chnptet 31. In 1974. the definition of public accommodation was defined as, "any establishment which eaten or oSers its services or facilities or goods to the general public."' Subsequently in 1977, the definition of public acconmiodation was fiuther revised to read, "any school, restaurant. Store or any other establiafament whidi csten or offers its services or facilities or goods to the general public."* Chapter 3 1 of Title 13 was repealed in 1987 when the legislature adopted a new Ch^ter 139 to Tttie 9 prohibiting discrimination in the ofiering of public accommodations as well as with respect to the rental and sale of real estate based on "race, religious creed, color, lutional origio. 'No lD9oflhc Laws of 1957. ' No. 142 of the Laws of 1973 (Adj. Sess ) ' No 36 of the Laws of 1977 (Bienn. Sess.). 94 mantaj status or sex "^ The new sutme included certun rental acemptiona such aa for owner occupied buildings thai contained 3 or fewer units and on age grounds for housing intended for peraons age 62 or older.' The 1987 provision also authorized an aggnevcd individual to file suit m superior court for compensatory and punitive damages and for the court to award costs and reasonable attorneys' fees* It also esubiished a cnsuDal peoahy not to exceed S 1.000.00 With respect to commercial transactioiis, there are Bcvaral Iswi that prohibit racially discriminatory practices Racialiy motivated credit discrimination was prohibited in 1987 ^ and is codified at 8 V.S.A. § 121 1. The victim of racially based credit discrimination may bring a dvil acuon for actual and punitive damages, costs and reasonable attorney's fiees. The conducting of agricultural leasing must be on a racially nondiscriminatory basis as the resuh of a 1990 legislative enactment' that is codified at 9 V.S.A. § 2488. A victim of racial discrimination in an agncuhural leasing matter may seek redress in superior court as provided far in the consumer firaud statute * In 1989'", the legislature prohibited racial discrimination in matters related to retail ingtalhnRar contracts or retail charges by a provision which is codified at 9 V.S.A. § 2410. The amount of monetary compensation that may be recovered for wiOfiil violation of Vennont'a retail installment law, along with reasonable attorney's flees, is set forth in 9 V.S.A. § 2409. In a labor context, in 1963", the legislature firat prohibited the state of Vermont . aixy person contracting with the state, as wdl as the private sector firom "npFHE m racial discrimination in employmem or labor organizations. This ban was codified at 21 V.S.A. § 49S and while since subject to technical modifications has remained substantively the same with respect to racial discrimination. In addition, the State Labor Relations Aa since its enactment in ' No. 74 of the Laws of 1987 Sec. 1 and codified as § 9 V.S.A. § 4S02(*) (public accommodations). 9 V.S.A. § 4S03 (real estate) and 9 V.S.A. § 4S04(a) (rentals). * No. 74 of the Laws of 1987 (Bienn Sess.) § 1, codified as 9 V.S.A. § 4S04. * No. 74 of the Laws of 1987 (Bicnn. Sess.) § 1, codified as 9 V.S.A. § 4S06. ' No. 44 of the Laws of 1987 (Bicrni. Sess ) § 1. ' No. 284 of the Laws of 1989 (Bienn. Sess.) § 1 ' 9 V.S.A^ § 2480f. '"No. 122 of the Laws of 1989 (Bienn. Sess.) § 23 " No. 196 of the Laws of 1963 (Bienn. Sess). L£0413M-1 95 1967" has prohibited racial discrimination in state employment^' and by closed shop tabor organizations that contract with the state '* The Municipal Relations Act, aince its adoption in 1973*^ has prohibited racially based discnmination both by an employer and'* by a labor organization that represeots municipal employees." Perhaps the Vermont statutory provision that most directly addresses racial hanssment is the reenaaed 13 V.S.A. Chapter 31 which is now codified at § 1454-14S7 and was adopted in 1 990 " These statutory sections establish cnminal sanctions for bite motivated crimes including those that are racially motivBted. The statute does not create a specific liate crime," but rather it mcreases the penalty for an underlying crime v^iere tiie proven motivation is, '*race, color, religion national origin, sex, ancestry, age, service in the armed forces of the United States or hiindicap as defined by 21 V.S.A § 495(d)C7-ll) or sexual orientation."*' Specifically, the person convicted of a racially motivited crime, wiien the normal penalty for the underlying crime is a prison term of a year or less, may be ptmiahed by a m«vm«»ni of two years in prison or a fine not to exceed S2,000.00 or both. * Perpetrators of racially motivated crimes that normally carry a prison term of greater than one year, but less than five years, may be imprisoned for a maximum of 5 years or a fine not to exceed SI 0,000.00 or both.^ If the penalty for a conviction of the underiyitig crime is 5 years or greater tiiere is no statutoiy lengthening of the prison term, but the judge is to "consider the motrvation of die defendant as a factor in " No. 198 of the Laws of 1967 (Bienn. Sess.) codified as 13 V.S.A. .Chapter 19. " No 198 of the Laws of 1967 (Bienn. Sess.) § 14 codified as 13 V.S.A. § 1621(a)(7). '* No. 198 of the Laws of 1967 (Bienn. Sess.) § 14 codified as 21 V.S.A. § 1621(bX8). " No 111 of the Laws of 1973 (Bienn. Sess.) codified as 21 V.S.A., Chapter 22. "No 111 of the Laws of 1973 (Bienn. Seas ) § 1 codified as 13 V.S.A. § 1726(a)f7). " No 111 of the Laws of 1973 (Bienn.. Sess.) § 1 codified as 13 V.S.A. § 1726(b)(9). "No 172oftheLawsof 1989 (Adj Sess.) " 13 V S.A. § 1455. " 13 VS A. § 1455(1) " 13 V.S.A. § 1455(2). ° 13 V.S.A § 1455(1) LBG^1S»4.| 96 Chapter 35 also criininalizes actual or lupportive acts of burning crosses or other rchgious symbols when the action is done, "with the intention of terTohzing or haraasing a particular person or persons. "^ The penalty is a maxunum prison term of two yean or a fine not to rxrrrd $5,000.00 or both. Finally, the chapter also aOows the victim of a racially or religiously motivated crime to bring a dvil ictioD "^r injunctive relief^ coii^>ensatoiy and punitive damages, costs and reasonable attorney fees."^ " 13 V.S.A. § 1456. ** 13 V.SjV § 1457. U&CIS94.1 97 Appendix 5 Responses by Vermont NEA, Human and Civil Rights Standing Committee To: Kimberly B. Cheney. Vermont Advisory Committee. United States Commission on Civil Rights From: Beth Dutton and Marlene Burke, Vermont-NEA Human and CtvU Rights Standing Committee Re: Vennont-NEA Report on Civil Rights Date: Februarys, 1998 We are submitting a part of the information you requested of us in the form of answers to questions three, four, five, six, and seven, with the rest to be followed by a report from Vermont-NEA Headquarters. Question number one regarding the number of minority teachers in Vermont, broken down by race and school districts, will be difficult to answer. But since women are still legally classified as a minority group, it's obvious that an overwhelming majority of our teachers are in a minority group. As to Jews, Asians, Hlspanlcs. Hindus. Buddhists. People of Color, Muslims, etc., I sincerely doubt those figures are available. In our own district those questions aren't asked. If they ever are. our Human and Civil Rights Group would protest. But headquarters will have to try to smswer you. (3) The responsibilities and accomplishznents of the Human and Civil Rights Standing Committee. The responsibilities of the committee are to propose policies and acUvities to achieve equitable treatment for all people in Vermont's public schools and to seek to eliminate discrimination in all forms and at all levels. As with the national committee after which we arc patterned, we try to review the full range of human and civil rights, including the elimination of discrimination fi'om our public schools and from our state and local associations. We review school board and contract pobcles, as well as the policies of the Vermont State Legislature regemling discrimination. Our accomplishments have been many and varied, most notably the formation from within our group of the Vermont-NEA Advisory Standing Committee of Gay, Lesbian and Bisexual Educators and Allies, whose primary responslbihtles are to monitor Instances of discrimination in public 1. [98] schools against Gay. Lesbian, and Bisexued students and educators; to provide safe havens- in all our public schools for Gay and Lesbian Students: to coordinate efforts with the Parents and Friends of Lesbians and Gays (PFLAG); to monitor school board and contractual policies regarding discrlnilnation on the basis of sexual-orientation; to propose legislation to the Vermont State Legislation, which we are now In the process of doing, regarding discrimination and violation of constitutional rights; and to conduct surveys of instances of discrimination. There are. of course, other activities of that group. We have alligned ourselves with the Vermont Anti-Racist Action Team to help put Into place an anti-Racism Hotline for those &clng or experiencing racial discrimination and harassment in public schools; with "Outright Vermont." another group working with and concerned about Gay. Lesblem. and Bisexual Youth: with "Seeds for Peace." which teaches tolerance, respect, and non-violence in the public schools; with "Parents. Teachers, and Students for Social Responsibility," an afOUate of Vermont- NEA, whose director Is Dr. Glenn Hawkes. With the latter group, we support and help to sponsor the Annual International Holocaust Institute for Youth, where, while the major emphasis is on teaching students the history of anti-Semitism and of the Holocaust, we and they help students understand how stereotyping. £alse accusations. rumors, and discrimination csm create the foundation for hate crimes and for Genocide in any culture. We have instituted the annual Human and CtvU Rights Awards given every year at the Vermont-NEIA Representative Asscmbty. (4) The Human and Civil Rights Awards. Since our inception In 1994. under the guidance and direction of one of our Vermont Association members and a four-year member of the nationzd associations Human and Civil Rights Committee. Barbara Barbour, we have given eight awards. Following cifter the pattern set by the national association, we have given the following: Five to students In the following category "a K-12 student whose activities have served to enhance the rights and self-esteem of student peers." They have all five won the awards on the strength of their wide variety of committed community service, their instrumentation in the formation of and their service with the Windsor County Youth Court, a pilot program for the State of Vermont: their work in helping to eliminate discrimination ageilnst minorities In pnibiic schools; their work In speaking throughout Vermont about, and working to Institute, safe havens In public schools for Gay and Lesbian students; their service on the steering committee for the 5th World Peace Congress, which was held in Norwich, Vermont in 1995; and their committed membership in PTSSR. Inc. 199] One award was given to a F>erson not an NEA member in the category- of "That person whose activities have protected and /or enhanced the rights of teachers, the teaching profession, and students in a significant way." It was awarded to Dr. Glenn Hawkes. the Director of PTSSR. for more than twenn,- years of work to achieve equity for all persons in Vermont. And two have been given to teachers "whose professional activities have protected and /or enhanced the rights of students and teachers in pubUc schools " One of the them was the organizer of "Seeds For Peace." who conducts school workshops for students throughout Vermont around such Issues as discrimination, harassment, and hate; and the other of them was awarded for work with PTSSR; for teaching at the International Holocaust Institute: for giving birth to the Windsor County Youth Court: for collaboration with PFLAG to create safe havens in public schools; for work with GLBEA; for community service: for serving on the Peace Congress Steering Committee; and for organizing Inservlce programs for teachers on the subject of harassment and discrimination in schools. The criteria for deciding who receives the award are pretty much included in the three categories of aws^tis. but our committee casts a wide net. and we carefully consider every nominee presented to us. giving care to take into account what the Individual has done to contribute to equity, peaceful resolution of difficulties, contributions to the rights of educators and students in pubUc schools, and public service to both Rmkn and large communities. Vermont-NEA Today, put out by Vermont-NEA's communications director. Laurie Huse. begins eai^ in January to publish announcements of the upcoming awards and gives clesir directions about the categories to be considered, deadline dates for applications, etc. Then, the nominations are sent to our committee for consideration and a vote. The recommendations are then presented to the Vermont-NEA Board of Directors for approval. (5) Racial Harassment in Vermont Any harassment based upon religion, race. sex. minority status, sexual- orientation, socio-economic status, ethnic origin, or anything else is considered to be a problem by Vermont-NEA and by our committee, though harassment of People of Color in Vermont is less of a problem than is another kind of racial harassment, anti-Semitism, and the harassment of the Gay and Lesbian population, both of which are faiity wide -spread. Our only major urban center. Burlington, does on occasion see incidences of harassment of People of Color, but both the city and the state zire quick to get to the root of the situation and correct it. One member of our committee lives in that area and makes certain to keep us aware of Incidences of the harassment of People of Color. Busier members are those living In the area of - or reasonably close to - Barre and Montpeller. where incidences of hate crimes against Jews arc far more frequent.: desecration of gravesites, swastikas on stores and houses, etc. [100] (Bv reason of our by-laws regarding the size of standing committees, we feel thai our seven-memtJer committee is unhappily too small to keep abreasi of everything that happens in Vermont, but we do our best. We always know we can call upon PTSSR. Inc. VARAT, PFLAG, GLBEA (our Advisory Standing Committee). Outright Vermont, and others to help us keep informed about where our attention most needs to be directed. And we also feel comfortable taking issues of possible discrimination to Vermont-NEA's Board of Directors.) (6 and 7) Activities to address harassment and recommendations to school boards and sta£f development committees. We have conducted several surveys of schools In Vermont to uncover Incidences of harassment of any sort based upon any minority classification, and we follow up on anjrthing reported to us. most usualfy with recommendations to the local association or to the school board. Vermont has some of the strictest anti-dlscrlmlnatlon laws on the books, emd most school boards are required to pattern their policies In accord with those laws. We have done statewide checks of school board zmtl-dlscrlmlnation policies, and as frequently as possible we make recommendations to school boards where they may strengthen their own policies. In my own district, for example, Barbeira Barbour and I pressed for the board to Include sexual-orlentatlon In their policy, which was done with no eirgument whatever. Others of our members have done the same with other school boards. though it goes without saying that we have not yet been able to get to all of them. We likewise collect from Vermont-NEA and from other sources copies of school contracts to monitor the language regarding discrimination and have recently won some victories regarding domestic partner benefits, sexual orientation language in contracts, and inclusion of committee-approved books on homosexuality in school libraries. Yes, we have pressed widely and usually successfully for stafi" development inservlce programs on cultural diversity, heirassment. discrimination. In my own school and others, the year's very first advisory program in every middle school and high school group addresses to the students themselves Issues of harassment, discrimination, emd cultural dlversitj'. Onr committees are relatively new. and we have a ways to go. of course Both the Human and ClvU Rights Committee and Its offshoot the GLBEA will be making recommendations to Vermont-NEA and Its members at the annual Representative Assembly In April. What recommendations we make we then believe will be carried by our lobbyist and counsel, Joel Cook, and by our Executive Director. Perry Kaclk, to the legislature. ••••• If there is more information - other than that to be provided by headquarters - please feel free to contact one or both of us. CO: Angelo Dorta, Perry Kaclk, Joel Cook 4. (lOlJ A vermont-NEA 1 0 Whaalock Straat Momp«ri«r, Varmont 05602-3737 1802) 223-6375 FAX (802) 223-1 253 Mr. Marc Pentino U^. Commission on Civil Riglits 624 Ninth Street N.W. Washington, D.C. 20425 April 14,1998 Dear Mr. Pentino: Please find enclosed the responses to the questions you posed in your letter of February 2"^. I thank you for your patience and am sorry that the task could not have been finished earlier. In our very small office, the project became my responsibility and happened to occur during a very busy period, including our participation in the current important legislative session. However, as you can see, great care was taken to craft very thoughtful and detailed answers. In addition, 1 made every effort to gather virtually every item of available documentation for the Appendix to aid your understanding of our positions and activities regarding all forms of bias and harassment in Vermont schools. The task was more time-consuming than 1 had estimated, but the final product is more complete and more accurate as a result. Please feel free to contact me if you have further questions or concerns. (5:::.vM An affiliate of the National Education Association 102 Vermont-NEA Responses to Questions Posed in the Letter of Februsry 2, 1998 From Mr. Marc Pentino, United States Commission on Civil Rights 1. Numbers and Ethnic/Racial Classifications of Minority Teachers in Vermont Over 8,800 members belong to Vermont-NEA (including 614 NEA-Retired members) and represent approximately 87% of current teachers and approximately 50% of the current education support personnel (ESP) woridbrce (admimstrators are excluded by law). Membership m the National Education Association, in Vennont-NEA, and in the more than 150 local affiliates m Vermont is totally voluntary within a unified membership structure. Prospective members initially are required to complete a single AssociatioD membership form which certifies them to join their local, state, and national organizations. However, as long as Association members remain in the same school district and were members of record for the prior year, new membership forms do not need to be completed annually. Instead, the member's name and relevant data is shown from the prior year on a local school district/local teachers' Association computerized roster generated by the Controller at Vermont-NEA's ofBce in Montpelier, who has official responsibility for maintaining our statewide membership records. To renew their membership, members of record in successive years simply need to correct any erroneous penonal information relative to their address, t^rhing assignment, preferred method of dues payment, and other necessary information and then initial the roster. The computerized rosters are debvered at the beginning of each new school year to Association leaders in each school district who are responsible for signing-up new members and re-signing former members. As long as an individual's Association membership is unbroken withm the same school distnct, he/she simply must correct and miual the roster. If the individual previously has never been an Association member, or had declined membership during the prior year, or has gain new employment in a different town school district or supervisory union, then the single Association membership form must be completed As required by the National Education Association, the form contains a section for ethnic/racial self-disclosure which should be marked by the applicant The numbers and classifications of ethnic/racial minonty teachers in Vermont are derived solely from the membership form, based on the willmgness of our members to self-disclose this type of mfonnanoa In 1997-98, only 237 individuals (less than 3% of our total active membership) identified themselves as belonging to an ethnic/racial minority. In addition, 37.5% (3,088 members) of Vermont-NEA members did not know their ethnic/racial category or simply did not disclose the information at all, either intentionally or inadvertently. 103 By far. the most dominant categones among the 237 active nunonrr' members were Amcncan Indian/Native Alaskan (108 mdividuals, or 43%) and Asian/Pacific Islander (80 mdividuals, or 34%). OnJy 32 mdividuals (14%) were Chicano-Hispano, and just 7 educators were black (3%) . A computerized breakdown m tabic form of our membership can be found m the Appendix of this report (Vermont's E>epartment of Education also may have a procedure for trackmg this type of teacher mfonnation, and perhaps they also should be consulted.) Z. Number of Racial Harassment Incidents Reported to Vermont-NEA, 1995-1998 Members of Vermont-NEA do not automatically think of their local, state, and national Associations as the first organization -or even one of several possible organizations— to %^cb they could or should report stich incidents. Siirinising as it may seem to some people, the same lack of connectioD with their Associations as a possible resource or provider of assistance on this type of issue often 'v& observed when other issues arise, even including certain matters pertaining to instruction and teacher professionalism. Despite recent initiatives since 199S to change the traditional mindset, the vast majority of Vermont members still tend to think of tbsir Associations primarily m areas dealing with collective bargaining concerns and with legislative lobbying. Consequently, since I first became President of Vermont-NEA in July of 1995, my ofQce has not received a single report of racial harassment in Vermont public schools. Smce incidents are known to have occurred, it probably meaiis that members are most likely to first report these events to ofBcials in their employing school district, to local law enforcement or municipal offices, churches, and social service organizations, to the Vermont Human Rights Commission, and/or to the Vermont Department of Education. At the present time m comparison with these other entities, Vermont-NEA simply is too distant physically and in members' minds and also lacks the necessary legal standing and investigative powers to provide timely and direct assistance to members and students who are involved or who witness such incidents. Additionally, Vermont legislation passed in 1994 charges each Vermont school district to develop anti-harassment policies, procedures for reporting incidents of harassment, and notices to parents and students citing the Vermont Himian Rights Commission and the Department of Education as appropriate agencies to receive complaints and to handle cases of harassment Since Vermont-NEA members are school district employees, it is reasonable to assume that our members look first to Aeir local school dis&ict officials and employers for guidance on filing reports of harassment and that they also realize the primacy of the two agencies cited in the legislation. Making a report to Vermont-NEA becomes highly unlikely under these circumstances. 3. Responsibilities and Accomplishments of the Vermont-NLA Htunan and Civil Rights Standing Committee 104 Vennont-NEA's Human and Civil Rights Committee was fiist formed m 1994 and approved as. an affiliated group by the Vermont-NEA Board of Directors. However, m order to ensure consistency with relevant Association Bylaws coveimg afBliations, a Bylaws amendment was developed and passed in 1996 which conferred status as a Standing Committee on the HCR group. The Vermont-NEA Human and Crvil Rights Committee meets two or more times per year, and its responsibilities are outlined m Article 1 1 ("Committees and Review Board"), Section I, subsection ix, of the Bylaws of Vermont-NEA, which are included as a document in the Appendix of this report "J. To monitor federal and state litigation and legislatton tnvolvmg the crvil rights of educational employees and students and recommend Association action as needed: 2. To monitor extremist activities within the educational environment, particularly as it might irifluence curriculum and educational policy, and recommend Association action as needed: 3. To make recommendations as appropriate regarding resources and/or strategies to eliminate biases related to culture and to sexual orientation; 4. To recommend to the Executive Committee recipients of the annual Vermont- NEA Human and Crvil Rights Awards; and 5. To review annually implementation of the Affirmative Action Plan. " An objective view of the work of Veimont-NEA's Human and Civil Rights Committee will note several important accomplishments in less than 4 years: 1 . raising awareness about community activity in defense of human and civil rights via the presentation of nearly a dozen awards to teachers, students, and private citizens at the annual Vermont-NEA Awards Dinner/Luncheon held each spring; 2. guidance and assistance provided in the establishment of Vermont-NEA's Gay, Lesbian, and Bisexual Educators and Allies advisory standing committee, whose goals are: * to momtor and to correct harassment of and discrimination against gay, lesbian, and bisexual teachers and students in Vermont's public schools; * to create workshops and programs to counteract discrimination in schools on the basis of sexual orientation and to establish safe havens in all schools for homosexual students; * to advocate for domestic partner benefits in educator contracts and legal recognition of same-sex marriages. 3. the creation and publication of a Holocaust social studies unit which spears on Vermont-NEA's web site (www.vtnea.org); 4 promotion of the annual Intemadonal Holocaust Institute for Youth held at the Umversity of Vermont m August, 1997, in partnership with Parents, 105 Teachers, and Students for Social Responsibility (an afBliaie of Vennom- NEA), 5 collaboranon with the Vennont Anti-Racist Action Team (VARAT) on two vital activities: * support of a telephone hotline to monitor incidences of ethnic/racial harassment and to advise victims about assistance; • disscmmation of "An Anti-Bias Resource Guide for Vermont Educators' to teachers, admmistrators, parents, school boards, and citizens who need to know mdividuals and organizations who can assist public schools in the fight against all forms of intolerance, discrimination, and harassment The Resource Guide was composed by Renee LaRue, a member of Vermont-NEA, of the U-32 Teachers' Association local aflBliate, and of the Vermom Anti-Racist Action Team (VARAT) A copy of the Guide also is included in the Appendix 4. Information Regarding Vermont-NEA Human and GvH Rights Committee Awards The three categories of the Vermont-NEA Human and Civil Ri^ts Committee Awards are panemed after those of the NEA Human and Civil Rights Committee and are meant to cover all forms of harassment, discrimination, and bias, including racial bigotry. The category descnptors also serve as the awards criteria for the Vermont-NEA Human and Civil Rights Committee. They are as follows: • Category 1 : To the person or persons whose activities have protected and/or enhanced the rights of teachers and the teaching profession in a significant way. • Category 2: To that member of the profession >\^ose professional activities have protected and/or enhanced the rights of teachers and students • Category 3: To a K- 12 student or group of students whose activities have served to enhance the rights and self-esteem of their peers Awards have been given since 1995 in one or more of the categories listed above. Solicitations for nominees begin to appear in all Vermont-NEA publications beginning in the fall. The Committee has developed its own nominating form which must be submitted to the Committee by Association members on or before March 1st The Committee itself evaluate all nominees and recommends its selections to tos Vermont- NEA Executive Committee and to the 1 S-member Board of Directors for final approval at the March Board meeting. Winners are publicly honored with program citations, personal introductions, and presentation of certificates or plaques at a dinner or luncheon which is held at our annual April general membership meeting called the Vermont-NEA Representative Assembly. Their names and achievements also may be forwarded to the 106 Nanonal Education Association for consideration of national awards bestowed annually bv the NEA Human and CiviJ Rights Committee at the NBA Annual Meeting each July Past recipients of the Vermont-NEA Human and Civil Rights Committee Awards have been 1998 Category 2: Barbara Barbour, teacher at Windsor Junior/Senior High School Category 3: Knsten Nugent and Patrick Raymond, smdents at Rutland High School 1997 Category 1 : Karm Eade, citizen activist. Grand Isle Category 2: Donnne Dor&nann, art teacher from Plainfield 1996 Category 2 : Beth Dutton, teacher at Windsor Junior/Senior High School Category 3 : Hallie Davis and Sarah Jones, students at Windsor Junior/Senior Hi^ School 1995 Category 1 : Gleim Hawkes, Executive Director of Parents, Teachers, and Students for Social Responsibility Category 3 : Joiie Dart, Maiy Hochstin, and Tone Mesropian, students at Windsor Junior/Senior Piigh School A variety of supportive materials regarding the HCR Awards are included in the Appendix 5. Does Vermont-NEA consider racial harassment against minority students to be a problem in the State? If so, has it risen to the level that requires action by Vermont- NEA and/or its local affiliates? I believe that members of Vermont-NEA are becoming increasingly aware of and concerned about mcidents of racism, bigotry, mtolerance, and various forms of discnmination and harassment which have occurred in Vermont communities and schools m recent years. Despite the fact that problems in our largest towns and cities - such as Burlington, Rutland, St Albans, Newport, St Johnsbury. and Bennington— mevitably receive the greatest attention, school employees are beginning to realize that subtler actions and attitudes also may plague our smaller communities and our more rural schools at nmes. They frequently voice their common belief that negative values and poor role- modeling by families and peers m communities of any size also can seep into our schools and precipitate mcidents of harassment And, when unfortunate and ugly events do occur m Vermont schools, they are the ones who axe most likely to personally and 107 professionally decry such negative and hurtful behavior m the school environnicnt and to lead the disciplinary, rehabilitanve, and ameliorative actions within the school involving the perpetrators and the vicnms Indeed, such concern is what led to the formation of the Vennont-NEA Human and Civil Rights Committee less than four years ago to help identiiy and combat ethm&racial-, cultural-, and gender-based bias and harassment in our schools and commuiunes. Although still only a small group, they already have started to have as impact by publicizmg the problems of bias and harassment to other Association members and to the public, by forming partnerships with like-minded individuals and groups such as the Vermont Anti-Racist Action Team, and by honoring citizens, educators, and students who stoutly defend our society's humanitahan and democratic ideals. It is only a start, but it is a direct reaction to problems which have arisen in Vermont schools. In conjimction with existing NEA and Veimont-NEA Resolutions which already provide a clear and firm Association policy foundation for additional activity, the Association's HCR Committee provides both a principled example of the Association's concern about bias and harassment in our public schools and a budding structure for future efforts by the state affiliate and its local counterparts. (Relevant National and State Association Resolutions are included in the Appendix.) It is my belief that the local school and school system, in concen with the parents and citizens of the surrounding community, will continue to be the most likely and effective source and focal point of positive, sustained response to incidents of racial harassment m Vermont schools. The individuals who live and work day-af^-day within a particular school know best the unique "culture" of their school: the history, the demographics, the shifting faculty/stafCstudent/community attitudes, the available resources and leaders, etc. They also share the greatest responsibility for providing solutions to harassment problems when they arise and for developing pro-active strategies for creating a highly positive school climate. More distant entities, such as Vermont-NEA and ihe Vermont Department of Education, are not nearly so well-situated to provide rapid, lasting, and effective solutions. They also risk the appearance and the reality of ineffectiveness if perceived as seeking to institute a one-size-fits-all approach to schools and communities who may possess very different characteristics and who may have e;q)erienced significant differences m the nature, frequency, and severity of their harassment problems, as well as in their past attempts to rectify them. Theoretically, our local Association afiSliates do not share the drawback of . However, many lack the organizational consciousness for Association collective action on the issue and prefer instead to wort: through existing school district management policies and administrative structures to obtain whatever cunictilar, disciplinary, and/or legal guidance and resources may be required when incidents occur. In addition, unilateral local Association action is not the response which holds the most promise for long-term success in overcoming problems related to bias and harassment The battle 106 aeainst bias and harassment is most effecnvely fought in coordinated partnerships with other faculty, student, parent, and community groups, as well as with outside organizations and resources. However, what Vermont-NEA can and now is attempting to do is to add its organizanonaJ voice and its limited resources to coalition work with other groups to fight all forms of bias and harassment See #6 below for specific details. 6. Describe Vermont-NEA 's recent activities to identify and address racial harassment incidents against mmority students. Vermont-NEA can become more active in Teaching its members and others about student and adult atdtudes and mteractions, school climate indicators, and school policies and procedures which may jeopardize respect for racial and ethnic diversity and civil school behavior. It also can cultivate greater organizational understanding of posidve collective action by local Associatiotis regarding the prevention and remediation of bias and harassment problems in schools. Both as a direct result of and also coincidentally with harassment incidents which have happened in Vermont public schools during the past year, the following Association actions already have been taken or cunendy are being fonnulated to aid Association members, school officials, students, and citizens who are willing to address known harassment problems and/or who wish to take preventative meastires: a. Further consultation with the Vermont Anti-Racist Action Team (VARAT) occurred this winter and led to the filing of an ^jplication by VARAT to become an official partner with Vermont-NEA. Vennont-NEA's Partnerships and Sponsorships Committee will consider the application at its next meeting, and acceptance of a Vermont-NEA and VARAT partnership virtually vs, certain. Formal partnership will mean additional and more concerted joint activity with greater visibility for Association members, school boards, students, parents, and the general public. b. Vermont-NEA is mtensiiying its efforts to find ethnically and racially diverse Association members who may be willing to participiate in NEA national and regional minority leadership tramrngs . Conducted under the auspices of the NEA Human and Civil Rights Committee, the NEA offers a two-year training cycle and requires attendance at a weekend-long training seminar during two consecutive years by a six-member team which should be ''representative of the ethnic diversity within the state." Vermont-NEA then would seek to provide opportunities for trained minority Association members to give local workshops and other presentations (for example, statewide Summer Conference) about nunonty and diversity issues affecting students, faculty, related school personnel, and community members. Advertisement of the training ofiportunities will be accomplished via existing Vermont-NEA 109 publicanons (all-member monthly AssociaDon newspaperA^ERMONT-NEA TODAY, twice-monthly newslener/LEADERSHIP UPDATE, and electronic bullenn/VERMONT-NEA MONDAY). Discussions with local Association presidents to advance recruitment of minority members have begun c Vermont-NEA will consult with NEA staff and members associated with the National Diversity Training Program and the National Minonty Leaders Development Cadre to determine the feasibility of developing and schedulmg workshops and other training opportunities about minority and diversity issues affecting students, faculty, related school peisoimel, and community members. Presentations and training*; could be left open for enrollment by any Association member. Or, they could be targeted for school districts where bias and harassment problems have occurred and/or may be likely to occur due to concentrations of minonty students and other &ctors. d. Vermont-NEA will contact officials at the Veimont Department of Education and involve the Vermont Education Coalition (Vermont School Boards Association, Vermont Principals Association, Veimont Superintendents Association, Vermont PTA, Vermont Coalition for Disability Rights, Vermont Association of Special Education Administrators, and other constituent groups) in a discussion of racial harassment in Vermont schools with the goal of exploring possibilities for organizational cooperation to help remediate known problems in specific schools and to conduct preventative activities in higb-nsk schools and communities. e Vermont-NEA will meet with appropriate Vermont Department of Education officials to detenmne exactly which schools have known problems with racial harassment, what programs or corrective actions have been instituted to address the problems, and how Vermont-NEA can assist m a substantive and effective manner. f A letter to be sent to all local Association presidents will be drafted for appTTOval by Vermont-NEA's Board of Directors and will ask local affiliate presidents to remind members about NEA and Vermont-NEA policy statements (Resolutions) which are relevant to issues of bias, harassment, and multiculturalism. 7. has Vermont-NEA or its affilistes made recommendations to any school board for curriculum or teacher training modifications to enhance greater understanding of diverse cultures? Jfjiot, wHl recommendations of this natiire be forthcoming? At this time, Vermont-NEA has not made any specific recommendations to school boards. However, activities listed in #6 a-f above make it very likely that this type of action will occur in a general fashion and/or in specific school districts in the fixture as Vermont-NEA and its local Associations gain greater understanding of the problem and 110 develop appropnaie resources and implementation plans to stippon and assist our members, students, schools, and commumues 8. Has Vermont-NEA or its affiliates made reconunendations for state legislation to detect and prevent racial harassment incidents. If not, will recommendations of this nature be forthcoming? At this time, it is Vermont-NEA's considered opinioD that sufBcient statinory authont>' and State Board of Education rules and regulations exist to efifecovely handle the problem of racial harassment m Vermont schools. The foctis of additional work to address the problem should be on school-specific awareness, sensitization, and understanding of racial harassmem and to action plan development that assures daily attention to positive individual attitudes and behavior, imeipeisonal relationships, and school climate. Attention also must be paid to school and school district procedures which are respectful of the victims and their families, v^ch pnovide appropriate consequences and opportunities for rehabilitation for the perpetrators, and which do not inadvertently exacerbate problems in the general school enviroimient when incidents occur. The enactment of additional legislation \& not needed in this area. Ill The following materials were submitted to the Advisory Committee as attachments to the submission by Vermont NEA.' 1 Vermont NEA Membership Enrollment Form 2 Etnnic Breakaown of Vermont Teachers 3 Anti-Bias Resource Guide for Vermont Educators. Vermont Anti-Racism Action Team (1998) 4 NEA resolutions regarding multicultural education, diversity, racism, civil nghts. diverse instructional matenals, institutional discnmination, and hate-motivated violence 5 Vermont NEA resolutions regarding the promotion and protection of human and civil nghts 6 NEA invitation to October/November 1998 minonty leadership training courses ~ Portions of the Venmont NEA Leadership Handbool< (1997-1998) regarding elections, committees, and review boards 8 Annual report from Marlene Burke, Chair of the Vermont NEA Human and Civil Rights Committee (February 1998) 9 Vermont NEA Representative Assembly Committee Reports (April 1998) 10 "Vermont NEA honors Students and Members," Vermont NEA ne«?sletter article (May 1998) 1 1 "Leadership Update," Vermont NEA newsletter (April 1998) 12 Agenda to the April 1998 Vemiont NEA Awards Luncheon 1 3 Letters of Nomination for the Vermont NEA Human and Civil Rights Award of 1998 (February 1998) 14 "Dream Goes On^Two Rutland Students Are Honored During Martin Luther King Ceremony," Rutland Herald, Kevin O'Conner. 15 Vermont NEA - Human and Civil Rights Comniittee letters to teachers and students bestowing annual award (1998) 16 "1 997 Rep Assembly sets dues, refers schools that work, awards honors," Vermont NEA Today (May 1997) 1 7 Agenda to the April 1 997 Vermont NEA Awards Luncheon 18 Letters of Nomination for the Vermont NEA Human and Civil Rights Award of 1998 and supporting documents (February 1997) 19 Agenda to the April 1996 Vermont NEA Awards Luncheon 20 Vermont NEA - Human and Civil Rights Committee letters to teachers and students t)estowing annual award (1996) 21 Vermont NEA newsletter (May 1995) 22 "Leadership Update," Vermont NEA newsletter (November 1996) 23 Vermont NEA newsletter (May 1996) 24 Request for information from Kimberly B. Cheney, Chairperson, Vermont Advisory Committee to Angelo Dorta, President Vermont NEA (February 1998) 25 Response to Kimberly B Cheney letter of Dec. 12, 1997, letter by Angelo Dorta, President 26 Vermont NEA newsletter(January 1998) 27 Letter from Kimberly B. Cheney, Chairperson, Vermont Advisory Committee to Angelo Dorta, President Vermont NEA (December 1997) ^ Copies of the matenal can be requested by contacting the Commission's Eastern Regional Office. 112 Appendix 6 Welcome Statement by Peter Clavelle, Mayor of Burlington' I want to thank the [Advison- Committee] for coming to the Greater Burhngton area this evenmp and convemng this forum to address harassment in Vermont's pubhc schools. As mayor. I hear from many constituents about all too frequent incidents of racism in Burhngton schools and in our community. I have three kids in the Burhngton school system and we're all stakeholders, and I feel like maybe I have a sbghtly higher stake considering that I have an adopted daughter born m Korea .Ajid I share this dream that Burhngton and our State and our country will become a place that's free of racism and violence. And I do beheve that we've made some progress, but 1 also know that we've got a long, long way to go. Martin Luther King defined violence as whatever denies human integntj- and leads to hopelessness and helplessness. And 1 think that if you embrace that broad definition of violence, that we come to recognize schools as a place of violence for [some] students on a daily basis, even for teachers and staff. Schools are a place of violence, a place where individuals are ignored, behttled. called name[s]. harassed, discriminated against, and threatened. As we work towards building an environment which is not an environment of violence but an environment of respect, it's important that we understand that schools are a very important place to do this work and education is a basic tool to ending racism. It's [also] very important (and what's powerful about this forum) is that communication and unleashing a dialogue about racism in our community is long overdue, and we need to share our views and to talk about raasm and the need to ensure ethnic diversity in not only our schools but all of our institutions. And I know that at times this is a difficult dialogue; it's uncomfortable for some of us: for many it has provoked a response of denial. But it's time for us as a community and as a State to put these issues of racism on the table and to deal with them in a very forthright and honest manner as painful as that might be. While this evening's focus is on schools, it's also important to remind ourselves that we can't end racism in schools without ending raasm in all of our institutions, whether it's aty hall or businesses or universities, our neighborhoods. We've got much work ahead of us, and certainly zero tolerance for racism in schools and the workplace is a place to start, but certainly is not a place to finish. We've got a long journey, and this community forum will bring these issues front and center and place them on the table as a milestone on the journey that we're embarking on as a community. There is a distinct separation between city government and the schools. [The schools] are a department of the aty but largely autonomous. I do think it's important that the mayor, as the only official in the city that's elected by all of the citizens of the aty, utilize that office and the bully pulpit of mayor to provide issues of leadership on pubhc education and certainly on the very important issue of racism. But 1 share that responsibility with 28 other elected offiaals in the city of Burlington, 14 school board members, and 14 city council members. So I've attempted at times, not as boldly as 1 might, to provide leadership, but more needs to be done and that there is a responsibihty on my part to provide leadership on this issue. 1 also want to acknowledge the fact that the chair of the school board, Carol Ode, as well as one other member of the school board, Leslie Kaigle, are here this evening to hear firsthand some of the testimony that will take place this evening. So I want to welcome you here and thank you for convening this forum. I think it's a very important dialogue, one which we need to continue on a more regular basis. Welcome. Presentation delivered by Mayor Clavelle at the Nov 4, 1997, forum in Burlington. 113 Appendix 7 Examples of Damaging Curriculum and Prospective Alternatives' Damaging Curriculum Example 1: Seventh graders studying the United States Constitution concentrate on the Founding Fathers, each writing reports on one person and then dressing up as that person to deliver their reports Teachers appear not to notice thL- hidden messages All of the Fathers are white men. ail girl students and bo\ s of color are being made to concentrate on and dress as a white man All of the Fathers are relativel> or Quiit afflueni W hen the Three-Fifths Compromise is discussed, no one speaks of a black person's point of view Alternatives After one semester's discussion about inclusive curriculum — and my experience is that n doesn't take a da>'s in-service. ii takes at least a semester about 30 to 45 contact hours of teaching — some seventh grade teachers decide to keep the focus on the Constitution but to teach it different!) Half of the class does pretend that they're going off to shape the ne« government. The other, however, after a full class discussion of varieties of roles and lives stays home Male farmers, apothecaries, women who are now running shops, indentured servants. Afncans-in-bondage Everybody now discusses the central issues. Teachers and students need to talk about the relative power, the validity and audibility of the voices of all those parties to the discussion. Example 2: Teachers in one school find that several black students in the school tend to be dispersed, one or two to a classroom. Teachers try to change that. Still, painftil incidents will occur. A white child explains that she was touching her classmate's hair because she wanted to feel what a black person's hair was like. Two teachers, one black, the other white, one a classroom teacher, the other the guidance counselor, start a group to bnng children of color together, to talk about themselves, share experience and gather strength. Example 3: The main seventh grade history book in a middle school does include women and men of color, white women and disabled folks, but they tend to be mentioned in sidebars or in optional end of chapter activities. Teachers at the school have not noticed the hidden messages. White men are the norm, others are optional or exceptional exceptions. The group of teachers who made the discovery about the textbook do learn the tools needed to diagnose these diseased messages and they take two intermediate steps: 1. They teach units of American history as more inclusive using the text as just one supplementary source and 2. they teach their students to see the bias m textbooks so the students can recognize the next time they are presented with biased materials. Example 4: An elementary school celebrates black hisiorj' month with [an] array of posters of [people] of color The principal spotlights one person each morning when she addresses the school over the PA. Dunng the 'Vermont Equity Project the principal suddenly recognizes the hidden messages her staff has been sending: Peoples of color are marginal. extra We'll celebrate their lives merely as a display to pass by or we might say as extracurricular activity. [The F*nncipal] begins to wrestle with the need to bnng peoples of color into course units throughout the school at every level. It's not easy to involve all of her teachers, to teach them the importance of changing. But she has involved about four-fifths of her staff so far in the Equity F^oject. No district mandate helps her out. Teachers choose professional development courses from an array of competing agendas. Unlike Minnesota, for instance, there is no strong, funded State mandate for making diversity a top priority for professional development. Example 5: Two sixth grade teachers teaching Central American and Canadian history, a recommended unit, center their units on milestones in each nation's political and economic development. The people highlighted tend to be either afTluent public figures or faceless native groups like say the Aztecs. Again, the racist, sexist and classist messages go unspoken. Where are the women, both native and European: where is family or community life, both native and European; what is happening to native peoples? Teachers begin to recognize these and other damaging hidden messages and they take two measures. They leach their students ways to ask questions I just posed so that the children know how to see their own course units and how to talk about what is included and excluded and reasons why. The teachers fmd books about Canadian women of color, biographies of Mexicans, books about ordinary human beings and about crafts, communities and the role native peoples played in assimilating, resisting, helping Europeans stay alive, acting in all the ways in which they participated in human story. ■ Presented by Merryn Rutlcdge. Vermont Equity Project Sec Burlington Transcript, pp. 212-25. 114 Appendix 8 Letter to the Advisory Committee, Nov. 12, 1998 VT Department of Social and Rehabilitation Services, Division of Social Services A^ r. r ,7 * \\^\V ,-*rf HIIUgENCY OF HUMAN SERVICES fT\ State of Vermont HnVl WBN > 7tf^ lu £iv,Tt7i- inEBAKJM»Hi.©P«>aQU.>NDREHABILrrATION SERVICES ^a^ifr "Tfi^BROClC » SAuBFR^C^oaAL SERVICES DIVISION JSS*9««iiC. '-^J^^ " 255 Nonh M«in Strteu 4th Roor BvTt, Vennont 05641 Tel: (802) 479-4260 Commissiunfr's OfTicc Child Cart Serv»MS Duabllliv Dctcrmlnttton Unit Licensing i Regulation Divtekin Social Scnices Division November 12, 1996 Kimbeily Cheney, Chair The Vermont Advisory Committee to the U. S. Comm. on Civil Rights V Cheney, Brock and Saudek 159 State Street Montpelier, VT 05602 Dear Kim: As requested by the Committee, we are adding this information to the oral statements we made on November 4, 1997. We believe that school policy is often created as a reaction to a possible lawsuit or threat thereof, rather than beinng a proactive plan to reduce racism, discrimination and harrassment in the schools . Having said that, we would like to identify some simple, and often cost effective measures that every Vermont school could easily implement . While the focus of the Committee was on racism, we believe that racism can only be reduced when ,ill children are valued for their inriivi ruality . We believe the schools should go beyond tolerence and should celebrate all children. In Doty Elementary School in Worcester, Vermont, which has less than 100 students, the administration and faculty were open and responsive to the needs of a black child who felt isolated and unliked. School personnel immediately began acknowledging the child's presence by speaking to her, using her name and touching her in an appropriate manner . The Guidance Counselor is now going into the classroom twice weekly and meeting with students regarding their special similarities and celebrating their uniqueness. The classroom teacher is now aware that the room environment reflected only a white society. S^hs is now making an effort to include materials that represent people from various ethnic groups. The school is also including more grades in diverse presentations that in the past were often the focus of only one class. 115 Moncpelier's Union Elementary' School's current program was initiated .in response to a threatened lawsuit. Initially tne scnool over-reacted and became hypersensitive to any incident of possible racism. At first, school personnel identified one student as a victim and another as a perpetrator rather than teaching both children about racism and it's harmful effects. The perceived victim was often made to "tattle" on the aggressor. Personnel reacted positively when they were asked not to put a victim on the "hot seat" . The Washington County Youth Services Bureau applied for and received a grant which allowed a Diversity Coordinator Bonnie Jo.nnson-Aten, to be m tne school two days weekly. Also an Advisory Diversity Committee of teachers, parents, community memners and the Diversity Coordinator was formed. It became apparent that some school staff believed that racism just didn't exist while others acknowledged that subtle racism was apparent. These latter teachers often said in essence, "tell me what's correct and I'll do it". The committee decided that we did not want to dictate to teachers what materials they should be using, but rather be a resource for them to broaden their knowledge and understanding on diversity issues. We also agreed that even though we might not have a direct influence on parents and their attitudes, the school needed to take a firm stand on what was acceptable behavior on school property. Over the last few years, there have been many positive changes at Union School . Many of these changes were due to the ongoing presence of the Diversity Coordinator and the receptiveness of scnool personnel . Hallways began to reflect a more diverse spirit in displays. Different cultures were included in many of the classrooms' themes rather than being isolated to certain times (i.e. Martin Luther King, Jr. Day and Black History Month). Teachers began to feel comfortable in asking for help from the Diversity Coordinator and/or committee. The Advisory Diversity Committee organized a multicultural book fair for teachers which was a huge success. Monthly school -wide assemblies were held where different themes were presented and students had the opportunity to display their creative talents in the school. No one ethnic group was tne main focus and we tried to ensure that no group was ignored. The school also supported the belief that name calling is as hurtful as physical aggression. The Montpelier Main Street Middle School does not yet seem to have the same focus on racism and diversity, but we are hopeful that this will improve through staff, parent and community involvement. 116 We tnank you for this cpportunnity to provide these statements and we strongly support the work of your committee. Please feel free to contact us if you have any questions or desire furtner information . Sincerely, ^Jj3 Diane Dexter Adoption Coordinator Dept . of Soc. & Renab. Services 103 S. Mam Street Waterbury, VT 05S76 Judith Blank Adoption Social Worker Dept. of Soc. & Rehab. Services 255 N. Main Street Barre, VT 05641 802 241-2142 802 479-4260 CC: Marc D. Pentino, Civil Rights Analyst 117 Appendix 9 "Reading, Writing, Racism," Vermont Times, Sept. 10, 1997 U E R M 0 N T free September 10, 1997 Chittenden County's Newsweekly: www.vermont-tlmcs.com Reading, Writing, Racism BYSHAYTorreN As thousands of students, from the very young to high school, return to the classrooin this month, a new efTon is underway in Vermont to educate them ■bout ndal et^nality. But, that work will not like- ly put an immediate dent in the underpinnings of racial dishar- mony thai pervades today's society. In the past three years, according to the Vermont Human Rights Comnussion, 30 peirent of the 56 charges made against schoob involved alle- gations of race discnmiiution, with a majority involving charges of racial harassment. And. according to a prelimi- nary research paper presented to the Vermont Advisory Com- mittee to the VS. Civil Rights Commission by the Mount Elmore Institute, racial harass- ment in Vvfinani is frequent and cotnmon. especially ■moag students. The institute, a private research foundation that focuses on diverity research, training and consult- • ing. also found that most administrators arc poorly equipped to handle the prob- lem. Last year, the Vermont Anti- Sec Tolerance, page 13 DOrrr look back A% Ihotumdi tfstudena Wwiiirt to tdiool lU% month. Vtrmonl community leaden ore again l«oliing to ike sdiools to temdi loicrancc, acceptance and increase their awareness of the differences between culiurts and people. Pmoto wi Knais Becovic 118 rt £ = = - c- . ^ I c £ i_ -- -^ ^ •» — = = C w i t » 52 ,ij t! t! 2 to u at e*^ tS "C " »• Of u ^ w o '^ w e. |gll|^=|| £«•« -o r O s s Kx a !lf 5 S-*-5 3^ ol' if ^ v E ■£ ^ o It .SO y. £ s ^ O w Is ■SC E5SoT£ ■ 23. - * E E 5 E ? eS-S P o •* 4 Me- i: = 8 E < ^ = 3 u J; -^ — «= ••ao is" Ji o o Jf-a ^ " i! ' c. •2 £ I- ° c I v> - _ — -. 3 #1 o = « i ■£ f! ■ o •c - » c — ^5 ■ • r = " c < " -J o c -2 •- • £" o J* ~ ^ E eSs *e^ 3 ^ ' S E ■° E^; JrE-5 -5 5 E i J S-2i :•£■£ : Sio ■"S S ^ £l "S ^ i^ _ " E o 7 "a 3 » il "J 1^ S| 3 ► a ti'S a S S 5 2"S V a-g' ft^T _ a -■=■£ S ?■ S T i £ » aS^ o. E — — s a ^ S ^ ±' ^ a 1 S tl c-s 2 c c •ntl-t ring th r 100 Betwc ^ o ax w •8 -co S 5 S 3 c? 3 g-o « » 3 o c o s 119 ... Toleranu, jrom page 13 plaini IS lodged aganui ifae dis- tnci. But. Fassler notes that tbc U^. Department of Education's Civil Rights division has requested aad received afl p(j^ Cits and procedures of^.Vo'- moni schook. TbedivisiaA^ns in Burlington earlier this yttt to hear froin paioiB. itiiileBtl, administratots and icadicB about the qnabt; of d^ cbs: metis anii-discriininaQon poli- cies. As a result of the visit, the disiricl and the dvil righu division have signed an agree- menl to ensure such actioo is taken senoiuly by district oCTi- ciak. One of the reasons Eor the visit was because of thcdis- inct's growing racial cfavcrdfi- cation, one that has inocased at a greater rate than the stale avenge. That alone makes it imperative that such polioes can work in such a district^-. Fassler is currently cooipil- ing the data on compUinls filed against school disticu from the past several yean and will unveil the findings at a set of public hearings to be held by the Vermont board of the U^. Civil Righu Commission. The commission will hold two pub- lic heannp in November, one in Burlington and the other in Rutland. *If we get two or three com- plaints a year that^ a loL We hear of a lot more incidents than that, but we donX know if any -bf tho*c.,are Piled any- where,* Fassler adds. He notes that a compiawt docs not have to be Tiled in every case ior the i;depamiient to take actum. For example, it was discovered that a N^rtbcasi Kln(dom high achool was pfawniB^ on hold- tqg %^,ilaTe iff, HmtdiMtif. ihciaiecdacatioB siudenis Itutn in Burlington While perctntige- wae. Winooski may be uking in more refugee jiudenls. Burlington is uking i brouier mix of cuhuTcs For yon, parents have cdis- pUiitcd that Bniimgtons school deparuneni. as ao insu- lauon. has ignored ihnr pleas for more eflecuve poliaes thai incorporate the concepts of recognuing and proisoting drveraily into the distncl^ mis- sion Dunng the past three years. BuriingtOD teachers have received extensive training and the school department has helped created i database that has been pui on all computers The database allows teachers to see what colleagues air luing as resources in the dassnxim to teach about diversiy. 'I have a feeling it is these kinds of connections that are realty going to move people into acDon. With (his daubase we are edenng ideas to infiue within your irg:uiar currm- ' lum We've act the tooc, aodj now people arc expenmentuig aiwl people ue realty ^iotn^ great thinp,* myt Amy Mcl- tencamp, ihe cunicafaim (ttfcc- tor for iatba0an lehoaU. What t» aluwly lijgtnntm in the cariicr fridei b M^cthin^ that akc* a oMtc acMe tbcBS in Dialb paik. Tlicre. a* pan of a pcnonal drrcJopaicBl ootme, students Umra moic about tol- eiaDce and 'cbvcraftty.. •Wi. !■ ' ■" The parents getting involved - tiiat's critical. We've got the kids about six hours a day, more if they play sports. That pales in con^parison to the amount of time they spend with the family and TV. -fim WontocK asdttant titpthntendtnt of Burlington Schoob beyond the awareness lerel and are doin{ some real woifc in the classroom. What It^ soae- ihing (hai is going on a daily basis, thatk when tacYc really attending to divenlly issues. I think people reaDy jompcd a level in the past year or so.* says Melleacamp. "We have 278 icachcTS and they all know this is imponanl. so now what we will work on b their steady work over the next two or three yean. I also think that when an equity oootdiiutor is hired, that person will be able to point the teachers to some ' additional resources." ' While Mcllencamp recog- nizes that whxi the school is doing may not be what some I vocal parents ha*c tequested. ' she (eels it is a texponsible and proactive attempt to meet the concerns o( all diy icsidcnls, including those who nuy not sec spending money on diversi- ty training for teachers as a pri- ority 121 "Overall. I think we re lucky lo have some good dialogue in (hu coaimunity. We're not as polarized as we could be, or as It IS in many chks ktoss the country.' says Mellencamp The administrauon has also been at work creating one of the most detailed policies to track complaints. The state considers Burhngton to have one of the most sophisticated tracking methods. Each super- visor and pnnapal keeps a log of complaints, and those are compiled by the central ofTice, says Jim Wamock, the assitant supenntendent bf die Burling- ton distncl. As well, he is noti- fied of any compbini and he gets involved immediately. *We also put a lot of energy into the issue of student u> stu- dent harassment, and essential- ly our suncc has jeally been one of zero tolerance,* Wamock said. When there is an issue involving a student, the par- ents of the child are brought in to discuss the matter. "Any time you deal with it as extensively as you can, and that means working with kids as early as possible,* says Wamock. "The parents getting involved - that's critical. We've got the kitb about six hours a day That pales in comparison to the amount of time they spend with the family and TV* As part of the schools well- ness program, which aims to make students well-rounded, productive citizens, students are uught about all the so- called "isms* of modem-day life — sexism, racism, ageism, and other discriminatory traits. *lt allows students to have more of a dialogue with each other and for them to under- stand and accept other cul- tures,* says Loretu Benjamin Samuels, who teaches the diversity class to tenth graders. -Wr dont us« the word toler- ance m the cUss. Instead, we use acceptance. Tve found thai ihe kids are willing to ulk about it because U^ not set up as a tradtional -classrtwm. I doni lecture them and there is no right or wrong - they have a voice.* The aWliiy^or theJf wflces to be heard make it easier for students to talk 'boui sensUve issues-_ ^ ' V BIG WOtD^ CAMPUS This year, both Si. Miduefs and Trinity colleges have put a special emphasis on issues of diversity and loletanee. Ear Tnnay, Jbeir ycv-lpqe- clbm fe iaodipocBicd n ihe higUy-pofMltf '^Witen Chair series. wUdl-XrlU fating tome of the M^iNi^ ben known kc- nucn mad popu^^^gnies lo Burlington to uft Mwa' bsuei that aBea the iiiiiiniyjity IB Al$(. %iiclaeh ColkilK. ~« jrearJong progi^B OB .face CM- catiop will kick off ba Septem- ber I9i9ft^ * nUy «««»«• "y^- ed yi^-^iaaa: ^^rnhndng the Wiwld iljDiwsity, ^peikeis during jd>e year will include civil li^ts acthrist aail attor- ney J J_ O^stnut, Mijbpr Paul %^g^ i/^n Atioracy .-Adiieii Wial^^pFBrnil Patrid^.lbe •sss«yli~auoTney general lor civil rights during President Clinton^ (iist tera. 'In the s^ven years I've been here as the director of multi- cultural student aflaits. one of my primary goals has been to foster iotenacial. iniercultural understandings I think this year is diflereni. because we warn this to be a sustained, ongoing and programaiic ellon.,* aays Dot Williams, director of multicultural stu- dent affairs at Sl Michael's Col- lege. Toooften, people respond to incidents of haired in a knee-jerk fashion because there is no system in place to deal with the problem before it *V^ know these hatreds are global and in many cases eter- nal,* WUliams says. * But. wt are determined to let people think in a new way 1 look at this as shining a bright light on this sittiation.* 01 122 Appendix 10 Donald A. Grinde Jr., Director, ALANA/Ethnic Studies, University of Vermont, Summary Recommendations Tlie Umversit\' of Vermont ^^f ALANA STUDIES PROGRAW WHEELER HOUSE 442 MAIN STREET BUWJNGTON. VERMOMT OMOMIIM (■02) 6S6'32«9 FAX 1802) 6S6-a6S3 November 5, 1997 Marc Pentino Eastern Regional Office United States Cotranission on Civil Rights 624 Ninth Street, N.W. Washington, D.C. 20425 Dear Sir; Re: Summary of my November 4 remarks and recommendations before the Vermont Advisory Committee to the United States Caramission on Civil Rights about how the University of Vermont can help to remedy racial problems in Vermont Public Schools The ALANA Studies (Ethnic Studies) program at the University of Vermont seeks to foster an environment at the university emd in the community where race can be freely and openly discussed. The threefold purpose of the ALANA Studies progreun is: 1 . to offer students a curriculum that deals critically with racism in America and its possible solutions 2 . to aid faculty in research on race and racism in America and Vermont 3 . to provide support to local amd state communities as well as institutions for the advancement of knowledge about people of color in America and racial problems. Through these goals, the university seeks to equip students (white amd people of color) to function in a multiracial society in the 21st century. In short, the mission of the university in this area is to instruct students, in a meaningful way, about race in America. Hence, the university is very much comnitted to outreach to the State of Vermont and its educational institutions on dealing with matters of race. As Director of AIANA Studies, I believe that a proactive response to racism in our schools is the best approach. We must stop the replication and reinvention of racism vis a vis our children that we have witnessed in testimony today. [123] Towa-^d=: this goal, I recommend that the University of Vermont and ch'^ Vermont State Colleges meet with the Vermont Department of Edu'-ation to develop a comprehensive program about race and racism that is relevant to the needs of this state. The following are some suggestions about policies to be pursued. 1. the Vermont Department of Education should mandate in the undergraduate teacher training and certification of teachers - courses that deal specifically with racial problems m America and also specifically in Vermont. These courses should be followed up with continued in-service training about race for teachers . 2 . the Vermont Department of Education should mauidate training m racism and the methods to combat racism in the public schools for school administrators as well. There should also be continued in-service training for administrators. 3 . the Vermont Department of Education should mandate antiracism training for school staff (bus drivers, secretaries, etc.) as well. this training should be an ongoing process to make sure that all staff members are exposed to such problems and instructed in the ways to eliminate and/or minimize racial problems in their work environments . Such antiracism training for persons enqployed by the piiblic schools should get enployees past the denial phase with regards to the problems of race in our schools auid accept the fact that as Vermont becomes more diverse there will be a continued and sustained need for more vigorous efforts in antiracism. The enlistment of parents and the local community in the efforts against racism is also very important. Parents meetings to discuss the implementation of these policies should be held so that they can understand the intent of the Vermont Department of Education and its institutional partners (universities, etc.). This will encourage parents as well as faculty, staff emd administrators to take ownership over racial problems . It is in^jortant that white society xinderstands the deimaging effects of racism on them and that they are cm important part in developing a solution. It should be errphasized that children unaware of the dynamics euid effects of racism will be ill equipped to function in the multiracial work environment of the 21st century. Students, school enployees and others that commit racial bias acts should be reprimamded appropriately emd/or sent to classes and/or counseling that seeks to modify their racist behavior. At every turn, significamt steps should be taken to protect the innocent victims of these acts and to condemn the perpetrators of such acts. If we blame the victims or isolate them, we send the wrong messages to those that commit such acts and we do little to eliminate racism in our educational institutions . 1124] In the development of these antiracist goals, the University of Vermont pledges that its ALANA Studies faculty and faculty of color will play an integral role in developing these policies, programs and objectives. It should be emphasized that well documented racial problems in our schools are systemic and comprehensive efforts from all sectors of our society are needed to eliminate. In sum. The university can provide leadership in combatting racism and developing antiracist solutions specific to Vermont but all parties involved (the University of Vermont, the Vermont State Colleges, the Vermont Department of Education, Boards of local school districts, faculty, staff, students and parents) need to be invested in the process . Persons of color as well as sensitive whites should provide leadership in these efforts so that combatting racism can be perceived as a multiracial endeavor. However, the improvement of the experiences of people of color in the public schools should always be the primary focus. In essence, the rights of the victims of racist acts must always be protected and should not be minimized for the sake of the majority population. In the final analysis, antiracism training in our public schools requires a multi- institutional and multifaceted effort. It will require time and resources from the various institutions involved, but it is money well spent to insure the future health of our society . Since snald A. Grinde, Jr.- Director, ALANA/Ethnicf Studies [125] Appendix 11 Comments to the Report by Donna K. Jemilo, Superintendent, Burlington School District Ociober9. 1998 Committee s Responses Mr. Mark D. Pentino U.S. Commission on Civil Rights Eastern Regional Office 624 Nmth Street NW Suite 500 Washington DC 20425 Dear Mr. Pentino, This letter and attachments serve as a response to your request for review of the section of the draft repon of the Vermont Advisory Conunittee to the U^. Commission on Civil Rights, Racial Harassment in Vermoni Public Schoob, recently sem to my office. Paragraph 1 ("In early 1997, ...) Any complaints that may have been received by the Office of Civil Rights (OCR) &om parents and community leaders that a large number of racial harassment incidents were occurring in the Burlington area were never shared with the district by OCR staff. In fact, as the attached letter of March 31, 1997 from Mr. Thomas Hibuio, Regional Director for OCR Region 1, notifying the district of its selection for a compliance review states, " School systems are selected for review based upon a variety of factors, such as the size of the minority populations within a distnct, data from federal and state sources, geographic location, and related information. Compliance reviews are usually not prompted by complaints, which are handled by OCR suff upon receipt" (pp. I ) While Mr. Hibino's letter does state that *t)CR staff vrill work with school officials to assist the district in conducting a self-assessment of its civil rights profile relati\T to the issue under review, and to develop positive recommendations to address civil rights concerns, or to prevent fiiture compliance problems" {pp2), there is no reference to specific complaints or complaints, in general that "a large number of racial harassment incidents were occurring in the Burlington area" nor is there reference to any "claims that reported mcidents were not being effectively addressed by the district". Therefore, to summarize as the report does in this paragraph that the OCR compliance review was prompted by complaints and daims is an inconsistent representation of the rationale for this compliance review as formally presented to the district by OCR. Paragraph 4 (~ln preparation for the review, ...) This paragraph is wholly inaccurate, in preparation for the review of the Burlington School District the OCR ISOCOLCMESTEB AVENUE. BOBLINCTON. VEKMOKT 05401 ItOZ) aB4-S46 I f*X S64-850I / This information has been revised subsequent to Superintendent Jemilo 's review of the draft report. See Chapter 1, pages 2-3. 2 This section of the report has been revised based on OCR conmients which do not fiilly agree with Superintendent' s interpretation. See pages 2-3 and Chapter 1, footnote 17. 126 Pentino. pp.: requesicd copies of the distncl's harassment pohcies and procedures along with student discipline records from each school m the Burlington School Distnct. copies of school discipime procedures, school handbooks for students and parents and other perunent information. All of this was collated and presented to the OCR in strict compliance with their timelines. It is worth noting here that the Burlington School District had a fiiUy compliant harassment policy in place pnor to the development of a model policy by the Vermont Department of Education. And with regards to the issue of whether differing degrees of discipline were applied to minonty students in the Burlington School District, Mr. Hibinos lener of June 27, 1997 (attached) states: "No discipline-related issues were identified which require future action on the part of the District" (pp.1). The reference m this paragraph of yuur draft report to other school districts having failed to adopt harassment policies has absolutely nothing to do with the OCR review of the Burlington School District. I am also not aware that the OCR conducted any state-wide review of individual school district harassment policies and it certainly was not done in preparation for the OCR review of the Burlington School District. I urge you to research and clarify this before committing it as fact in this report. Paragraph 5 ("Following the review,...) Attached to the June 27, 1997 letter from Mr Hibino cited above is a copy of the Resolution Agreement entered into collaboratively by the Buriington school District and OCR. I trust you have or will review it for a fiiller understanding of the ongoing efforts on the part of the district Also attached is a letter to OCR dated February 27, 1998, frvm James Wamock, the district's Assistant Superintendent, reporting the district's compliance with provisions of the Resolution Agreement. We appreciate the opportunity to review this section of the draft report and provide this additional information and corrections to insure the report's accuracy. J Appropriate changes have been made to the final repon. 4 The PAR review resolution agreement and the school district's subsequent correspondence is shown in Appendix 3 Sincerely, Donna K. Jemtn, Superintendent c.c: Canil Ode. Board Chair James Wamock, Kut Superintendent Bonnie Johnson-Aten. Diveraity/Equity Coordinator 127 UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS REGION I JOHN W McCORMACK POST OFFICE AND COURTHOUSE ROOM 222 BOSTON. MASSACHUSETTS 02109 March 31, 1997 OFFICE OF THE REGIONAL DIRECTOR Ms Donna Jemiio, Ph.D. Supenntendent of Schools Burlington Public Schools 1 50 Colchester Avenue Burlington, Vermont 05401 Dear Superintendent Jemiio: Re: Review No. 01-97-5011 The purpose of this letter is to inform you that the Office for Civil Rights (OCR), U.S. Department of Education (Department), has selected the Burlington Public School Distiict (District) for a compliance review under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI prohibits recipients of Federal financial assistance from discriminating on the basis of race, color, or national origin. This review will focus on whether the District ensures that students are not treated differently on the basis of race, color, or national origin in the administration of discipline; and whether the district ensures an educational environment free from racial harassment As a recipient of Federal financial assistance from the U.S. Department of Education, the District is subject to the requirements of Title VI. The Title VI regulation at 34 C.F.R. § 100.3(a) and (bXl) and (2) defines specific prohibitions against discrimination. Under the regulation at 34 C.F.R. § 1 00.7(a), OCR has authority to conduct periodic reviews of school systems to ensure their compliance with the civil rights laws and regulations. The regulation at 34 C.F.R. § 100.60 authorizes OCR's access to information maintained by a recipient of Federal financial assistance. School systems are selected for review based upon a variety of factors, such as the size of the minority populations within a district, data from Federal and state sources, geographic location, and related information. Compliance reviews are usually not prompted by complaints, which are handled by OCR staff upon receipt. Compliance reviews have traditionally involved a comprehensive investigative approach resulting in formal findings issued after several months. Recently, OCR has developed a more streamlined partnership approach, wiuch allows greater participation by school officials in shaping the outcome of the process. This new approach, called Profile, Assessment, and Resolution (PAR), recognizes that Federal, state, and local education agencies, as well as parents and other interested parties, share a common goal of providing equal opportunity and access to high-quality education for all students. Through this approach, OCR seeks to combine its expertise with that of state and local officials. 128 Page 2 - Dr. Donna Jemilo parents, and other communit)' members to reach effective solutions to high-priority civil nghts issues. In conducting this review, OCR staff will work with school officials to assist the District in conducting a self-assessment of its civil rights profile relative to the issue under review, and to develop positive recommendations to address civil rights concerns, or to prevent future compliance problems OCR staff will be on-site in the district for four to five days to interview district personnel, students, parents, community groups to facilitate understanding of the issue and the concerns in the District. OCR staff will meet with school officials to discuss draft recommendations, and provide wntten recommendations within a few days of the on-site visit. If compliance issues are identified during the review, OCR staff will woric with you to achieve an agreement within 30 to 45 days that will resolve any outstanding issues. If the compliance issues are resolved through the PAR process, we will not issue formal findings. In the event we are unable to achieve resolution of the issues through a cooperative effort with the Distnct, OCR will conduct further investigation, issue written findings, and take additional enforcement action, where necessary. Last year, OCR worked with school districts throughout the nation to achieve resolution of compliance issues through the PAR reviews, and developed written materials that facilitate the process. Enclosed are copies of OCR's PAR Issue Brochure on disciplining minority students and ensuring an environment free from racial harassment, the District Assessment Guide, and a Profile Data Request. • The PAR Issue Brochure describes the PAR process, and provides school districts with guidance and recommendations for discipline and racial harassment/hostile environment issues. • The District Assessment Guide is an evaluation instrument that school districts may use to assess and identify potential civil rights concerns for these issues. • The Profile Data Request is designed to provide a district profile regarding minority discipline and racial harassment/hostile environment issues. The school district's response to the Profile Data Request will be used in conjunction with the District's assessment to facilitate OCR's on-site review, and to assist OCR in formulating reconunendations to the District regarding these issues. Mr. Fred Dow, of my staff, has begun discussions with you to determine mutiially agreeable dates for a PAR review of the District and preparation of the District's Profile Data Request and assessment. He also explained the PAR review process and the uses of the documents we are sending you. Please be informed that the Title VI regulation provides that no recipient of Federal financial assistance or other persoris shall intimidate, threaten, coerce, or discriminate against any individual 129 Page 3 - Dr Donna Jcmilo Please be informed that the Title VI regulation provides that no recipient of Federal financial assistance or other persons shall intimidate, threaten, coerce, or discriminate against any mdividual for the purpose of interfering with any right or privilege secured by applicable Federal law, or because one has made a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing held in connection with a complaint or review. Also, under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, we will seek to protect, to the extent provided by law, pereonal information that, if released, could constitute an unwarranted invasion of privacy. I appreciate your cooperation in participating in this process. We look forward to the opportunity to work with you and other District staff. Should you have any questions at any time during the course of the review, please contact me at (617) 223-9667 or Fred Dow, the Equal Opportimity Specialist assigned to this review at (617) 223-9663. Sincerely, fA<^\.iL^ J Thomas J. Hibino Regional Director Enclosures Marc Hull Commissioner of Education 130 JJti QSffJ UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS REGION I JOHN w MiCORMACK POST OFFICE AND COURTHOUSE. ROOM f^ tUKRINTENOENTI QfFICf BOSTON MASSACHUSETTS U;ilN i_JJ_LJ d June 27. 1997 OFFICE OF THE REGIONAL DIRECTOR Dr Donna K. Jemilo Superintendent of Schools Burlington Public Schools 150 Colchester Avenue Burlington, Vermont 05401 Dear Superintendent Jemilo: Re: Review No. 01-97-SOll The Office for Civil Rights (OCR). U.S. Department of Education, has resolved the Profile. Assessmeni. and Resolution (PAR) review which the Burlington Public Schools (District) and OCR conducted in partnership in May 1997. This review was conducted under the authority of Title VI of the Civil Rights Act of 1964 and focused on the issues of discipline, racial harassment and hostile environment. Community and school-based focus groups were a significant part of this review. OCR faciliuted a number of focus groups during the week of May 12 with members of the Burlington Public Schools and the Burlington community. The purpose of these focus grtnips was to provide the opportunity for any conununity or school member to attend and participate by sharing their views on these issues and to generate ideas for future activities. Additionally, OCR reviewed information provided by the District and others relative to these issues. The information from these various sources was used to develop the agreement which was signed by the District on June 27, 1997. No discipline-related issues were identified which require future action on the pan of the District. When fiilly implemented, this Agreemem will resolve the issues of this review. Continued compliance is contingent upon the District's implementation of this Agreement (copy enclosed). We recognize the steps the Dismct has already taken to address these issues and thereby enhance educational services to students. We commend the District for working to continue to improve the services it provides students. We understand that die District will work to implement this Agreement over the next several years m accordance with the agreed-upon target dates. Based on this Agreement, as of the date of this letter. OCR considers this phase of the review completed. OCR will work with the District and will monitor the District's implementation of the Agreement until it is fully implemented, at which time OCR will close this review. Our miiiitm b lo tmun tfuo/ artcu (• tducaliam and u fnmctt txciOime* Ihroughoul Iht NtllmH. 131 Page 2 - Dr. Doaiu K. Jetnilo Thank you for your cooperaiion and that of your staff during this review. Should you have any questions, you may conuct Frederick Dow. Equal Opportunity Specialist, at (617) 223-9663 or ise at (617) 223-9667. Sincerely. ^A>^f^lllu Thomas J. Hibino Regional Director Enclosure cc: Honorable Marc Hull Commissioner of Education 132 Juh27 5 2; p.] '97 RESOLUTION AGREEMENT profile; ASSESSMENT, AND RESOLimON REVIEW BariJJiftoB School District, Bnrliogton, Vcrmoat No. 01.97-5011 The Burliogion School District (Distria), Burlington, Vennoot, wbmiB the fiiUowing iLJuIuiion ffgrt^meot for pirvcDting and remedying ncial hnustxnt to tfae OfEce fiar Civil Rights (OCR), U.S. Deportmest of Education. This agreemem remits from « PtodSle. Asseajmant, and Resoiutioo (PAR) review, wiiicb OCR conducted in pntDoship with tfae Distxict in M«y 1997. OCR acJcnowledges the stepa the District bss ■Jreufy ttken to cnhiooe eductfioD«I servioes for ■11 stucfents, and commends District ofiicielc for worldag to cootiinie to iunwuve these serviees. Sued 00 tfae joini assessznsot nid tfae xecoiiiniendstioiis provided dtBiogtiiis fvview, tfae District apuLi as follows. I . By November 1, 1997, the Dis&ict will review its hirusmest policy and procedure, and revise as oecessaiy, to ensure thai the foUowinf ooooetns oe addiesaed: tfaetc are time frames for the major stages of the process; the procedure is wrinen in language that is easily undentood hy students and their parents; it is clear that the complainant has the option o[, but is not requixed to, ccaifroint the accused barassex; a dear explanation of wliat will happen at tfae infoimal level is iiKhided; it is clear that the complainant can report the complaint IP aijy staff person, not just the principal; there is the ability to have complaints which are more tiban 30 days old addressed; includes an asxuzanoe that the school will take steps to cmiect any adverse effects of the haiBssmeot 00 the coa^)lainant and otfaen; and includes examples of appropriate disciplinary sanctions with a range of consequencea that are designed to serve as a (Vlpumt. 2. By May 1, 1998, the District will review, the twjnnfT in which school building ofEcials at« implemmtiag its harassment policy and piooedure . This review will include tfae involvemcBt of parents and, when ^iproptiate. *i»»**^tT. wlio have partidpated in tfae [133] iinpi«nenifltion of the harassment vioccdurc Thia process will be designed to ensure that. actions taken to remedy a compJaint do not negatively impact the compisinant; clear, consistent and accimte documentation is kept conceiains the pimmsing iz^ outcome of complaints; complainants are never required to eonfiont the accused harasser. and con&ootalion is not considered to be an option in cases when it is not appropriate; apprrpriaie, significant and consistent consequences are administered for violations of the harassment policy^, and complainants and their parents are provided with all legally fdeasable infonnation concerning the oijtcome of investigations, including the consequences to ibc accused hazasser. 3. By December 1, 1997, the District will complete an assessmeot of each building's training and cunicolum needs with lespect to diversity and nee relations. The assessment should also address ways in which the District can ftcilitate the sharing among staff of existing materials and effective models designed to foster an inclusive, muhieultunl curticulum. By Febniaiy 2, 1998, ttie District will begin to implement training and other activities in accordance widi its assessment 4. By December 1, 1997, the District will initiate on-going fbmms to promote dialogue among students, District staf!^ parents and other community membeis, regarding race issues with the goal of enhancing communication between all parties. These fimmis will gather iiqmt in a variety of areas including: a complaint procedure for community and parents to voice their concerns over the actions or policies of the District; the recruitment of ftculty and staff who meet the needs of mioority students, includii^g students who are limited English proficient; the role and responsibilities of the Diversity/ Equity Coordinator to identify issues which have been effectively addressed and those in which there are on-going concerts; and the ctnrent strategic plan which addresses issues ofdivenity and TBcc relations, how these issues could be made a clearer priority for die District, and, if appropriate, development of improved mechanisms for better commtmication regarding die District's implementation of the strategic plan. [134] 5 By October 1 , 1 997, the Districi will develop & mechaaism to provide infonaation en m od- going basis ta the community, perents. and students legazxiing the holding of these fbnims and the issues raised during them. 6.. By October 1, 1 997, the District will develop and implenient a jilim for impioviag communication with fiunilies who are limited Fnglith profidcoL Tins plsi will include: policies and pncticss for the provision of school infbnnatioD and notioes in students' primary home languages; policies and practices for the provision of trained transktois to fsdlitate communication between the District and parents who are limited ^**g'»**' proficient; and provision of signs in the school buildings and on school grounds in languages other REPORTING PROVISIONS 1. By December 30, 1997, the District will submit to OCR a rqxnt on the results of its review of its harassment policy and procedure in accordance widj item 1 of die Agieeaient, inrTniltfig any revisions to the policy and procedure.. 2. By May 25, 1998. the District will submit to OCRs r^on on die lesuhs of its review of the implementation of its harassment policy and procedures in accordance with item 2 of the Agreement. 3 By Dcccniber 30. 1997, the District will submit to OCR a report on the results of its assessment of training needs in accordance with item 3 of the Agreement and a copy of its pian of training and other activities to address these needs. 4. By Febr\iary 6. 1998.dieDistrict will submit to OCR a r^xntun the results of its e£Ebrts to improve communications among students. District *t»ff_ parents "^H other community membeis on nee issues, in accordance with item 4 of the Agreement, including a description of the gpccific actions talcen with respect to the identified topics, as well as any other issues raised. By June 30, 1998 the District will provide a description of other areas addressed through the forums, actions taken as a result, and its assessment of the impact of these activities. 5. By October 17, 1997, the District will submit tu OCR a description of the process developed in accordance with item 5 of the AgieemenL [135] By December 30, 1997, tiie Dismct will subani to OCRacopy of itsplanfbr improvinf communicatioa with families who ore limited English profident. in iccordonce witxi hem 6 of the Agreement. The District understands that OCR will conduct addttiaoal follo>¥-tip focus group discussions and visits as pajt of iti monitaring and evahotioiL TheM activities may be coodueted before or subsequeot tote District's xcports and evahations. Dates and tines will be estahlished that air mutually eanvement and acceptable to OCR and the Distzict, and well eaongh in advance to allow for timely piepaiation fbr these visits. DozuiaK. SupmiiiriKwiit ^m? 1136] February 27, 1998 Mr. Fred Dow U.S. Dcpanment of Education Office for Civil Rights, Region 1 J. W. McCormack Post Office & Courthouse Bldg., Room 222 Boston. MA 02109-4557 Dear Fred, I am writing in accordance with the reporting provisions of the PAR Resolution Agreement between the Burlington School District and the Office of Civil Ri^ts, U.S. Department of Education. I have attached copies of various documents in support of the information provided below. I am pleased to share with you the actions undertaken by the district in addressing issues raised during the PAR review conducted last May. Please do not hesitate to call me with any questions or requests for additional information you may have. 1. District review of its harassment policy and procedure. The district conducted an extensive review of its harassment policy and procedures that has included significant revisions in the procedures to accommodate the concerns cited in the resolution agreement. Draft copies of the procedure have been circulated to district administrative staff for further review and comment with a particular interest in seeing that the procedures will have realistic time frames, readily imderstood language for parents and students, and clear assurances that steps will be taken to correct any adverse effects of the harassment on the complainant A copy of the draft complaint procedures are attached. I will be meeting with the superintendent, the district's legal counsel, and the district's diversity/ equity coordinator to fuialize these procedures. You will note in these draft procedures provisions that offer the complainant the option but not a requirement that he/she confront the accused harasser, clear explanations of what will happen at the informal level; a variety of school officials other than the principal to report a complaint to; and, the ability to file a complaint that is more than 30 days old. ISO CouCMCSTEn Avenue. Bohlincton. Vermont 0S40I I802i 664-846 1 fax 864-6501 OONNA K JEMiLO EO O Su^EKiNTENOENT OF SCMOOuS JAMCS R WAWNOCK. ASSISTANT SUPER INTENOKNT 137 OCR Report pp.: 2. District review of the implementation of its harassment policy and procedure. This will be reponed per the resoiuiion agreement's report date of May 25, 1998. 3. District assessment of each building's training needs. As indicated in my November 10, 1997 letter, this assessment is a primary responsibility of the district's recently hired diversity/equity coordinator Bonnie Johnson-Aten. Since her appomtment on December 1, 1997, she has worked extensively with individual school principals, staff, students and parents to begin identifying individual building training needs and potential activities, programs and trainings to meet those needs. Bonnie has also been addressing ways in which the district can facilitate gharing among staff of existing materials and effective models. This has been approached in part through a district-wide training session for all elementary staff which also encouraged peer connections to be made. Similar trainings at the middle and high school levels have also been conducted. Bonnie meets with the central office administrative staff frequently in regularly scheduled meetings to insure good communication and support for her work. Attached is a report to date of the initial training and curriculum needs assessment of individual schools in the district. Within the next month Bonnie vsrill have completed an assessment for Smith and Hunt schools as well. 4. District efforts to improve communication among students, district staff, parents and other community members through initiation of ongoing forums. Attached is a document outlining work completed to date by the diversity/equity coordinator. Forums have been conducted through a special dialogue night on diversity for parents and students, at ALANA and REAP (Race Education and Action Project) meetings, as well as with the FACE UP group. I will also be meeting at the April 8 REAP meeting to discuss district recruitment plans for candidates of color and to share openings with the local community suid network. The district is also woiicing closely with the University of Vermont and begiiuiing fund raising for support of the Coming Home project. This project provides loan relief for qualified local minority students who complete UVM's teacher training program and are hired to teach in the Burlington district, in conjunction with assessing the implementation of the district's harassment policy and procedures, additional forums and communication with parent groups will be conducted. 5. District development of a mechanism to inform community, parents and students about forums. Information is disseminated in a number of ways regarding forums and other activities regarding diversity. School newsletters, the student newspaper at BHS and flyers have been effective in getting out the word. The district will be hiring a part-time public relations coordinator who will be of service in generating additional ideas and means by which this information can be communicated. I will be reporting further on these efforts later this spring. 138 OCR Report PP-J 6. Duthct developmeot and implementation of a plan to improve communicatioD with families who are limited English proficient The district plan builds on past practice in utilizing interpretative services to meet a variety of communication needs with families that are limited English proficienL In addition, part-time home/school liaisons for each of the district's two largest ESL student groins (Vietnamese and Bosnian) have been hired with grant support to assist in improving communication with these families. All major district communications to parents from policies to notices about head lice have been provided in translation to limited English proficient femilies. The annual district calendar has also been translated as welL Widi the recent advent of additional limited English proficient students into the district, die board has approved the addition of another full-time ESL teacher for this current school year. Signs in both Vietnamese and Bosnian are being developed for installation at Burlington High School where the largest group of ESL students are in attendance. We expect this installation to be completed by early spring. Ail of these actions will be pulled together into a more formalized plan that will be forwarded to you with artifacts upon its completion this spring. I look forward to hearing from you and would be more than pleased to arrange for a visit from you or your staff should you so desire. Take care and give my best to Carolyn and Robert. Sincerely, Dr. Donna Jemilo. Superintendent Carol Ode, Board Chair Bonnie Johnson-Aten, Diveniry/Equity Coordinator Susan Giinilan, McNeil. Leddy and Sheahan file v^ 139 US COMMISSION ON CIVIL RIGHTS Eastern Regional Office 624 9tn Street NW Wasnington. DC 20425 OPFiCIAL BUSINESS PENALTY FOR PRIVATE USE S300